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US Supreme Court: Hearing in Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos (Mexico). Selling guns comparable to selling beer to teenagers?
Written by Mayela Celis, Maastricht University
The hearing in the case of Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos (Mexico) No. 23-1141 took place in March 2025 before the US Supreme Court. We have previously reported on this case here and here. The transcript and the audio files can be found here.
As previously indicated, this is a much-politicized case brought by Mexico against US gun manufacturers. Mexico alleges inter alia that defendants actively assist and facilitate trafficking of their guns to drug cartels in Mexico. Among the claims for relief are: Negligence, public nuisance, defective condition – unreasonably dangerous, negligence per se, gross negligence, unjust enrichment and restitution, violation of CUTPA [Connecticut Unfair Trade Practices Act], Violation of Mass. G.L. c. 93A [Massachusetts Consumer Protection Act] and punitive damages.
Brexit and PIL – Belgian Supreme Court confirms the application of the 2005 Hague Convention to jurisdiction clauses designating UK courts concluded after 1 October 2015
By Guillaume Croisant (Linklaters LLP)
The United Kingdom deposited an instrument of accession to the Hague Convention of 30 June 2005 on Choice of Court Agreements (the “Convention”) on 28 September 2020. This instrument of accession became effective after the Brexit’s transition period, on 1 January 2021, and gained binding force within the UK legal order following the adoption of the Private International Law (Implementation of Agreements) Act 2020.
As many readers will be aware, a controversy exists regarding the temporal scope of the Convention. It applies to exclusive choice of court agreements concluded after its entry into force for the State of the chosen court and to disputes initiated after its entry into force for the State of the seized court. EU Member States have been bound by the Hague Convention since its approval by the European Union on 1 October 2015, but what about the UK after its withdrawal from the EU?
According to a first viewpoint, reflected in the UK’s instrument of accession, ” In accordance with Article 30 of the 2005 Hague Convention, the United Kingdom became bound by the Convention on 1 October 2015 by virtue of its membership of the European Union, which approved the Convention on that date.”
Conversely, under a second viewpoint (apparently shared by the European Commission in its ‘Notice to stakeholders – Withdrawal of the United Kingdom and EU rules in the field of civil justice and private international law’ dated 27 August 2020, p. 9), the Convention could only apply after the United Kingdom’s ‘independent’ ratification, which occurred on 1 January 2021. If this second perspective were accepted, jurisdiction agreements concluded before this date would not benefit from the mutual recognition system established by the Convention.
In a judgment (in French) dated 27 March 2025 (C.24.0012.F), the Belgian Supreme Court (Court de Cassation/Hof van Cassatie) ruled in favour of the first viewpoint, holding that “The Hague Convention of 30 June 2005 has been applicable to the United Kingdom as a bound State, owing to the European Union’s approval of the Convention, from 1 October 2015 until 31 December 2020, and as a contracting party from 1 January 2021. The argument, in this regard, that the United Kingdom ceased to be bound by the Convention following its withdrawal from the European Union on 1 February 2020, is without legal basis.”
Foreign Sovereign Immunity and Historical Justice: Inside the US Supreme Court’s Restrictive Turn in Holocaust-Related Cases
By Livia Solaro, PhD candidate at Maastricht University, working on the transnational restitution of Nazi-looted art
On 21 February 2025, the US Supreme Court issued a ruling in Republic of Hungary v. Simon,[1] a Holocaust restitution case with a lengthy procedural history. Delivering this unanimous decision, Justice Sotomayor confirmed the restrictive approach to cases involving foreign states inaugurated in 2021 by Federal Republic of Germany v. Philipp.[2] In light of the importance of US practice for the development of customary law around sovereign immunity,[3] and its impact on questions of historical justice and transnational accountability, the Simon development deserves particular attention. Read more
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JLMI – Call for Papers – Issue no. 3/2026
The following information was kindly shared with us by the editors of the JLMI.
The Journal of Law, Market & Innovation (JLMI) welcomes submissions for its third issue of 2025.
The Call for Papers for this 3rd issue is devoted to Digital markets, consumer autonomy and consumer welfare.
You can find the call with all the details at the following link:
Digital markets, consumer autonomy and consumer welfare
Prospective articles should be submitted in the form of abstract (around 800 words) or draft articles to submissions.jlmi@iuse.it within 25 february 2026. The publication of the issue is set for the end of November 2026.
For further information, or for consultation on a potential submission, you can contact us by email at editors.jlmi@iuse.it.
Visit our website to read the full announcement.
Hague Academy Collected Courses published in 2025
The following information was kindly shared with us by De Gryuter Brill.
The Hague Academy is a renowned international institution dedicated to the study and teaching of public and private international law. Supported and recognized by the United Nations, the Academy aims to foster rigorous and impartial analysis of legal issues arising from international relations. Its courses address both theoretical and practical dimensions of international law, including legislation and case law. In principle, all courses are published in the Collected Courses of The Hague Academy of International Law in the language in which they were originally delivered. The courses on private international law that were published in 2025 are:
- Volume 451: Garcimartin, F.: Responses to a Legally Fragmented World: A Private Law Perspective (General Course of Private International Law)
- Volume 449: Esplugues, C.: New Dimensions in the Application of Foreign Law by Courts (and Arbitrators) and Non-Judicial Authorities
- Volume 446: Dickinson, A.: Natural Justice in Recognition and Enforcement of Foreign Judgments
- Volume 446: McLachlan, C.: On the Interface Between Public and Private International Law (General Course on International Law)
- Volume 445: Rodríguez Benot, A.: Le régime économique des couples en droit international privé
For a full listing, including the courses on public international law and international arbitration, please visit The Hague Academy Collected Courses Online / Recueil des cours de l’Académie de La Haye en ligne.
Virtual Workshop (in English) on February 3, 2026: Stellina Jolly on “Forging a Path for Climate Justice: Integrating Public and Private International Law in Transboundary Litigation in India”
On Tuesday, February 3, 2026, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Stellina Jolly (South Asian University) will speak, in English, about the topic
“Forging a Path for Climate Justice: Integrating Public and Private International Law in Transboundary Litigation in India”
Cross-border climate litigation, gaining traction globally, requires active engagement with private international law for effective dispute adjudication. Although Indian climate jurisprudence has not yet substantively addressed cross-border disputes, emerging trends suggest that this scenario may soon evolve. The talk analyses three plausible litigation scenarios involving Indian and foreign parties to assess the readiness of Indian private international law in addressing transboundary climate harm. Firstly, Indian plaintiffs filing cases in foreign jurisdictions against transnational corporations headquartered abroad, alleging climate-related harm caused within India; secondly, foreign plaintiffs filing cases before Indian courts for the harm caused by Indian transnational corporations in their jurisdictions; thirdly, foreign plaintiffs filing cases before Indian courts for the transboundary harm caused by Indian companies as a result of their Greenhouse gas (GHG) emissions. The talk evaluates the adequacy of Indian private international law in addressing cross-border climate cases and proposes incorporating environmental and human rights considerations in the determination of choice of law.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.