Views
Conflict of laws in the South African courts: a recent missed opportunity
Posted on behalf of Jason Mitchell, barrister at Maitland Chambers in London and at Group 621 in Johannesburg.
It’s rare for conflict of laws to come up in South African courts (with the notable exception of the Turkcell litigation from earlier this year; see the summary on this site at https://conflictoflaws.net/2025/south-africa-grapples-with-the-act-of-state-doctrine-and-choice-of-law-in-delict/).
Reciprocity and the Enforcement of Foreign Judgments in Egypt – A Critical Assessment of a Recent Supreme Court Decision
I. Introduction
Reciprocity is probably one of the most controversial requirements in the field of the recognition and enforcement of foreign judgments. While its legitimacy appears to be on the wane (see Béligh Elbalti, “Reciprocity and the Recognition and Enforcement of Foreign Judgments: A Lot of Bark but Not Much Bite,” 13 JPIL 1 (2017) 184), reciprocity can still strike hard – particularly when it is applied loosely and without sufficient consideration.
The case presented here, decided by the Egyptian Supreme Court (Appeal No. 11434 of 21 June 2025), provides a good illustration. Despite the Court’s well-established case law imposing certain restrictions on the use of the reciprocity requirement, this recent judgment shows that, when not applied with the necessary rigor, reciprocity can still produce significant effects that undermine the legitimate expectations of the parties.
The WTO TRIPS Agreement and Conflict-of-Laws Rules in Intellectual Property Cases
By Marketa Trimble, Samuel S. Lionel Professor of Intellectual Property Law, Co-Director of the IP Law Concentration, William S. Boyd School of Law, University of Nevada, Las Vegas
It is neither new nor surprising that international treaties affect the design and application of conflict-of-laws rules; not only international conventions on private international law but also other international treaties shape conflicts rules, with human rights treaties being the primary example. But a recent decision concerning the interpretation of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) could have profound and arguably unprecedented effects on the conflict rules that are applied in intellectual property (“IP”) cases, such as cross-border cases concerning copyright infringement, trademark ownership, and patent licenses.
News
Consensual Justice in Focus: Reflections from the First ASGiC National Congress
On 16–17 April 2026, the elegant setting of Villa Ruspoli in Florence hosted the First National Congress of ASGiC – the Society for the Study of Consensual Justice, titled Giustizia e cooperazione: il valore del consenso (Justice and Cooperation: The Value of Consent). Marked by a large and engaged participation, the event offered a valuable opportunity for both the Society’s members and a wider community of scholars and practitioners to reflect on the role of consent in contemporary conceptions of justice.
The Congress opened with introductory remarks by the Society’s President, Silvana Dalla Bontà, who set out the themes and objectives guiding the initiative. Against this backdrop, the keynote lectures delivered by Tommaso Greco, Andrea Simoncini, and Filippo Danovi developed a first, coherent reflection on consensual justice, identifying a variety of core concepts – trust, consent, justice, solidarity, Constitution, language, and dialogue – that are likely to orient the Society’s future research and activities.
Out now: Multinationals and Human Rights in Asia
Multinationals and Human Rights in Asia
Edited by Jason Ho Ching Cheung and Kazuaki Nishioka
This book investigates the availability in Asian jurisdictions of civil remedies against multinational businesses for human rights abuses.
It assesses whether the norms of the 2011 UN Guiding Principles on Business and Human Rights have taken root in Asia by first considering the international state of play. It then presents case studies of corporate governance and human rights in Asia, before examining emerging issues, and considering how Asia has dealt and can deal with corporate responsibility in connection with those matters. By way of conclusion, the book offers an action plan for implementing the UN Guiding Principles in Asia.
Bonn (Germany), 24/25 September 2026, Conference International Filiation Law in the EU
As already announced, there will be an international conference “International Filiation Law in the EU” dealing with questions of filiation law resulting from the EU Parenthood Proposal.