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Constitutional and Treaty-based Review of Foreign Law – Studies in Private International Law

A new book co-edited by Gustavo Cerqueira and Nicolas Nord has been published:

Contrôle de constitutionnalité et de conventionnalité du droit étranger – Études de droit international privé (Amérique Latine – États-Unis – Europe), Société de législation comparée, Paris, 2017, 285 p.

The application of foreign law is increasingly frequent in the settlement of international disputes, both before the judge and the arbitrator. At the same time, the impact of constitutional and treaty standards on private law is a widespread phenomenon. The question of a dual constitutional and treaty-based review of foreing law by the forum seized inevitably arises. It could be carried out in the light of the hierarchy of the standards of the system of the lex causae, the hierarchy of the forum or even the hierarchy of the State in which the judgment given is intended to be enforced. The operation of the classic mechanisms of private international law and arbitration law is put to the test, both in terms of applicable law and the international effectiveness of decisions.

A Battle over the Chinese Culture Treasure Lost Overseas–to be decided by Private International Law?

Professor Zhengxin Huo, China University of Political Science and Law, has provided an interesting note entitled “A Battle over the Chinese Culture Treasure Lost Overseas–to be decided by Private International Law?”.  (more…)

Greek Supreme Court Ruling on the maxim ne impediatur legatio

For anyone interested in state immunities against execution, I have prepared a short report about a recent ruling of the Greek Supreme Court, which can be retrieved here.