Views
Japanese Court Enforces a Singaporean Judgment Ordering the Payment of Child Living Expenses
I. Introduction
Foreign family law decisions can be recognized, and where necessary, enforced in Japan if they meet the prescribed requirements for this purpose. Prior to 2018, it was an establish practice to apply the same recognition and enforcement regime used for civil and commercial matters to foreign family law decisions. However, discussions existed in literature regarding whether constitutive family law judgments and decrees should be recognized following the choice of law approach, or whether the specific characteristics of foreign family law decisions might justify exceptions, such as the non-application of certain recognition requirements (see Mario Takeshita, “The Recognition of Foreign Judgments by Japanese Courts” 39 Japanese Annual of International Law (1996) 59-61). Read more
The Development of forum non conveniens in the Chinese Law and Practice
by Arvin LUO Fuzhong, Doctoral Candidate at Tsinghua University, Visiting Research Associate at HKU, LL.M. (Cornell), Bachelor of Laws (ZUEL).*
The doctrine of forum non conveniens is an important principle in civil procedure laws and frequently applied by courts in many legal systems, especially those of common law countries. According to this principle, when courts exercise their discretionary power to determine whether to exercise jurisdiction over the factual circumstances of a case, they primarily consider issues of efficiency and fairness to find the most appropriate forum to settle the dispute. If the acceptance of a case would lead to inefficient outcomes and consequences that are contrary to justice, the court may refuse to exercise jurisdiction on the grounds that it is not the appropriate forum.
Unrealized by many international scholars and practitioners,[1] China has been adopting (formally or informally) the doctrine of forum non conveniens for more than 30 years, first through a few court judgments, then provided in judicial interpretations issued by the Supreme People’s Court of PRC (“SPC”), which is binding for all Chinese courts, and finalized in the 2024 Civil Procedure Law of PRC. This article introduces the history of Chinese law adopting the doctrine of forum non conveniens in the past years, and the development of China’s law revision in 2023. Read more
Moroccan Supreme Court Confirms Child Return Order to Switzerland under the HCCH 1980 Child Abduction Convention
I. Introduction
It is not uncommon for scholars examining the interplay between the HCCH 1980 Child Abduction Convention and the legal systems of countries based on or influenced by Islamic Sharia to raise concerns about the compatibility of the values underlying both systems. While such concerns are not entirely unfounded and merit careful consideration, actual court practice can present a very different reality.
Morocco’s engagement with the Hague Conventions, notably the HCCH 1980 Child Abduction Convention and the HCCH 1996 Child Protection Convention, provides a particularly illustrative example. As previously reported on this blog (see here, here and here), Moroccan courts have thus far demonstrated a clear willingness to engage constructively with the HCCH instruments, effectively dispelling – at least to a significant extent – concerns about the existence of a so-called “Islamic exceptionalism” as an obstacle to resolving parental child abduction cases. The case presented here provides yet another compelling example of how Moroccan courts interpret and apply the HCCH 1980 Child Abduction Convention in a manner consistent with Morocco’s international obligations. This is particularly noteworthy given the presence of elements often cited as indicative of “Islamic exceptionalism.” Read more
News
[OUT NOW] Yeshniyazov and Abdel Mottaleb on Kazakhstan, in International Encyclopaedia of Laws – Private International Law (Kluwer Law International)
Private international law in post-Soviet Central Asian countries is clearly underrepresented in the literature, despite the fact that countries such as Kazakhstan and Uzbekistan have fairly detailed legislation on international jurisdiction, applicable law, and the enforcement of foreign judgments. (For a general overview of Kazakhstan, see the entry on the country in J. Basedow et al. (eds), Encyclopedia of Private International Law, Vol. III (Edward Elgar), p. 2229, and the English translation of the relevant provisions in Vol. IV, p. 3358.) Read more
Making private law resilient: The role of private litigation in a democracy – PhD scholarship at Leuphana University Lüneburg, Germany
Axel Halfmeier (Leuphana University Lüneburg, Germany) has kindly shared the following advertisement for a 3-year PhD scholarship with us, which will be part of a research project on ‘Making private law resilient: The role of private litigation in a democracy’.
The research project will investigate the role of private litigation in a democracy, in particular collective litigation, public interest actions or strategic litigation. There is an ongoing discussion about these phenomena and whether they support deliberative democracy by empowering citizens or are anti-democratic in the sense that they transfer excessive power to the judiciary in political questions. To answer this question, normative (legal doctrine, legal theory, political theory) but also empirical approaches are possible. The project can also focus on specific areas of private law, such as media and data protection law, climate litigation, capital markets or tort law in general. The exact study design will be discussed with a view to the interests and qualifications of the candidate.
Application deadline is October 1st, 2025.
Further information on the ‘Embracing Transformation’ scholarships can be found here.
Further information on the specific research project on ‘Democratic Resilience’ is available here.
Questions may be directed to Axel Halfmeier.