Second Circuit Vacates…: Link to Decision
Following Gilles’ post: see here.
Following Gilles’ post: see here.
The conference “Recent trends in European Private International Law – Challenges for the national legislations of the South East European countries” is held in Skopje, Macedonia on 24 September 2011. This is the 9th conference in the series of regional private international law conferences, the most recent being announced here. This conference will gather number of private international lawyers who prepare to discuss questions related to impact the European Union codifications in the field have on their national laws as well as issues that arise in the context of European integration. The program is below:
9:00 am to 9:45 am Registration of the participants
9:45 am to 10:00 am Opening of the conference
10:00 am to 11:15 am I panel General issues of private international law
Mirko Zivkovic, PhD, University Nis
Discussion
11:15 am to 11:30 am Coffee break
11:30 am to 1:00 pm II panel Integration of EU PIL into national PIL codifications of the region (conflict of laws)
Zlatan Meskic, PhD, University of Zenica
“Integration of EU Private International law into national PIL codifications of the region”
Mirela Župan, PhD, University of Osijek
“Normiranje mjerodavnog prava za osobno ime – novina budu?eg hrvatskog Zakona o me?unarodnom privatnom pravu” / “Regulating cross border personal name issues – novelty of new Croatian PIL code ”
Ivana Kunda, PhD, University of Rijeka
“Intellectual Property Contracts in EU Conflict of Laws”
Discussion
1:00 pm to 2:00 pm Lunch at University Restaurant
2:00 pm to 3:45 pm III panel Integration of EU PIL into national PIL codifications of the region (influence of EU civil procedure)
Ales Galic, PhD, University of Ljubljana
“Uredba Brisel 1 – temelj evropskog gra?anskog procesnogprava / The Brussels I Regulation – the Cornerstone of the European Civil Procedure”
Vesna Lazic, PhD, University of Utrecht
“The Commission’s Proposal to Revise the EC Jurisdiction Regulation: the amendment of the lis pendens rule and of the arbitration exception”
Evangelos Vassilakakis, PhD, Aristotle University Thessaloniki
“The Unification of European Procedural Law and its Impact on Agency and Distributorship Agreements”
Vesna Tomljenovic, PhD, University of Rijeka
“Forum of necessity – novelty in the new Croatian PIL Act”
Jasmina Alihodzic, PhD, University of Tuzla
“Pravila o me?unarodnoj nadležnosti kod pojedina?nih ugovora o radu u pravu Evropske unije i Bosne i Hercegovine” / “International jurisdiction for individual employment contracts in EU and Bosnia and Herzegovina”
Gjorgje Krivokapic LLM, University of Belgrade, and Ugljesa Grusic LLM, London School of Economics
“Zasto Srbija treba da pristupi Haskoj konvenciji o sporazumima o nadleznosti suda?” / “Why should Serbia access Hague Choice of Court Convention?”
Sanja Marjanovic, PhD, University of Nis,
“Jurisdikcioni imunitet strane drzave izmedju unutrasnjeg i medjunarodnog prava” / “Jurisdictional immunity of a foreign state – between domestic and international law”
Apostolos Anthimos, PhD, Panelist at the CAC for .eu ADR, Greece
Online Dispute Resolution – The .eu ADR Paradigm
Discussion
3:45 pm to 4:00 pm Coffee break
4:00 pm to 4:45 pm IV panel Conflict of laws on property
Slavko Djordjevic, PhD, University of Kragujevac
“Merodavno pravo za stvarnopravne odnose sa elementom inostranosti – de lege lata i de lege ferenda” / “Determining applicable law for Property Relations with foreign element – de lege lata and de lege ferenda”
Discussion
4:45 pm to 5:15 pm
Christa Yesell Holst, GIZ
“Support to development of draft laws and model solutions in the field of Private International Law (Closing of the component)”
5:15 pm Closing of the conference
8:30 pm Dinner at National Restaurant “Dukat”
Here.
A session of the Committee of Legal Affairs on the Brussels I Reform took place today and lasted a bit more than an hour.
Speakers included A. Layton, A. Dickinson, I. Pretelli, F. Horn and A Nuyts.
The video of the meeting is available here.
UPDATE: The original workshop should be rescheduled, and the papers made available on the site of the Parliament.
TSAR = Tydskrif vir die Suid-Afrikaanse Reg / Journal of South African Law
The 14th edition of the Legislación de Derecho Internacional Privado has been released. Prepared by Professors Santiago Álvarez González, Carlos Esplugues Mota, Pilar Rodriguez Mateos and Sixto Sánchez Lorenzo, it a useful tool for students, practitioners, and foreign scholars willing to know what PIL laws, either autonomous, conventional or European, are applicable in Spain (and, for the last two, what their Spanish wording is: not always the same as in other languages). The Legislación de Derecho Internacional Privado includes most of the rules in force in Spanish PIL: ad. ex., those of domestic source, provisions of the European Union and the EFTA, Hague Conference, Council of Europe Conventions, International Commission on Civil Status Conventions and United Nations Conventions, as well as a list of 25 bilateral agreements on cooperation. New to this edition is the inclusion of the Hague Convention of October 19, 1996; Regulation (EU) no. 1259/2010 (Rome III); and the important reform of the Spanish Arbitration Act. To have a look at the complete summary click here.
On Tuesday, 20 September 2011, the EP Committee on Legal Affairs (JURI) will host in Brussels a workshop on the review of the Brussels I regulation. The round table, chaired by Tadeusz Zwiefka (EP rapporteur on the Brussels I proposal), will be followed by the presentation of the study “Interpretation of the Public Policy Exception as referred to in EU Instruments of Private International and Procedural Law”, prepared by Prof. Burkhard Hess and Prof. Thomas Pfeiffer (Ruprecht-Karls-Universität Heidelberg) on behalf of the Commission. Here’s the programme:
[UPDATE: the live video streaming of the workshop will be broadcasted on this page. The recorded session will be later available in the EP’s Multimedia Library]
9:00 – 9:10 Welcome and opening remarks by Tadeusz Zwiefka, Rapporteur.
9:10 – 10:20 Analysis of the main elements of reform of Brussels I Regulation – Round Table:
10:20 – 11:00 Questions and answers.
11:00 – 11:10 Presentation of the Study on the “Interpretation of the Public Policy Exception as referred to in EU Instruments of Private International and Procedural Law” by Professor Burkhard Hess and Professor Thomas Pfeiffer, Institut für ausländisches und internationales Privat- und Wirtschaftsrecht der Ruprecht-Karls-Universität Heidelberg.
11:10 – 11:20 Questions and answers.
11:20 – 11:30 Closing remarks by the Rapporteur.
(Many thanks to Prof. Koji Takahashi for providing the links to the video sessions)
The fifth Newsletter of the Hague Academy of International Law can be found here.
Karen Knop (University of Toronto), Ralf Michaels (Duke) and Annelise Riles (Cornell) have posted From Multiculturalism to Technique: Feminism, Culture and the Conflict of Laws Style on SSRN. The abstract reads:
The German chancellor, the French president and the British prime minister have each grabbed world headlines with pronouncements that their state’s policy of multiculturalism has failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non-Western countries, revolve around the treatment of women. Yet there is also a widely noted brain drain from feminism. Feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of “culture.” This impasse is detrimental both to women’s equality and to concerns for cultural autonomy.
We propose shifting gears. Our approach draws on what, at first glance, would seem to be an unpromising legal paradigm for feminism – the highly technical field of conflict of laws. Using the non-intuitive hypothetical of a dispute in California between a Japanese father and daughter over a transfer of shares, we demonstrate the contribution that conflicts can make. Whereas Western feminists are often criticized for dwelling on “exotic” cultural practices to the neglect of other important issues affecting the lives of women in those communities or states, our choice of hypothetical not only joins the correctives, but also shows how economic issues, in fact, take us back to the same impasse. Even mundane issues of corporate law prove to be dazzlingly indeterminate and complex in their feminist and cultural dimensions.
What makes conflict of laws a better way to recognize and do justice to the different dimensions of our hypothetical, surprisingly, is viewing conflicts as technique. More generally, conflicts can offer a new approach to the feminism/culture debate – if we treat its technicalities not as mere means to an end but as an intellectual style. Trading the big picture typical of public law for the specificity and constraints of technical form provides a promising style of capturing, revealing and ultimately taking a stand on the complexities confronting feminists as multiculturalism is challenged here and abroad.
The paper is forthcoming is the Stanford Law Review.
The 12th volume of the Yearbook of Private International Law (2010) will shortly be released.
It contains the following contributions:
Doctrine
Recent Developments in U.S. Conflicts of Laws
The Revision of the Brussels I Regulation
News from the Hague
National Reports
Court Decisions
Forum
More information can be found here.