Views
Finder on the Supreme People’s Court’s Notice on Foreign State Immunity Procedures
The news about the Supreme People’s Court of the People’s Republic of China issuing the Notice on Procedural Matters Related to Civil Cases Involving Foreign State Immunity has been previously reported on this blog.
Following this significant development, Professor Susan Finder, a distinguished Scholar in Residence at Peking University School of Transnational Law, has kindly shared her insights on the matter. Her post was originally published on the Supreme People’s Court Monitor. Given its valuable contribution, we decided to repost it here.
Our sincerest thanks to Professor Susan Finder for her thoughtful analysis and generosity in sharing her thoughts. Read more
The Supreme People’s Court of the People’s Republic of China issued the Notice on Procedural Matters Related to Civil Cases Involving Foreign State Immunity
(This is written by Xiaoxuan Gu, a PhD student in School of Law, University of Macau)
The Foreign State Immunity Law of the People’s Republic of China (CFSIL) took effect on January 1, 2024.[i] To ensure its proper implementation and guide courts nationwide in lawfully and efficiently adjudicating civil cases involving foreign state immunity, the Supreme People’s Court (SPC) formulated supporting procedural rules. On March 26, 2025, the SPC issued the Notice on Procedural Matters Related to Civil Cases Involving Foreign State Immunity (hereinafter the “Notice”), which provides definitive guidance to courts at all levels in handling such novel foreign-related cases.
The Notice stipulates provisions on key procedural matters, including case acceptance criteria, centralized jurisdiction mechanisms, service of process rules, jurisdictional immunity review procedures, and protocols for obtaining evidentiary certifications from the Ministry of Foreign Affairs. Read more
Caught Between Legal Boundaries: Child Custody Disputes Across Japan and Bangladesh
I would like to express my sincere gratitude to MD Sanwar HOSSAIN, LLB (Hons) Wolverhampton University, MSS (Dhaka University), PgDiP (Northumbria University), Barrister at law (Hon’ble Society of Lincoln’s Inn), Advocate (Appellate Division) Supreme Court of Bangladesh and Managing Partner, S Hossain & Associates law office, for bringing the Bangladesh courts’ decisions to my attention.
I. Introduction
The breakdown of an international marriage often leads to complex cross-border disputes, especially when children are involved. Tensions can intensify if one parent decides to take the children to their home country, often without the consent of the other parent.
In such cases, when the countries involved are signatories to the HCCH 1980 Child Abduction Convention, the Convention’s mechanisms are designed to facilitate the prompt return of children to their country of habitual residence. This framework aims to prevent unilateral relocations that could have lasting impacts on the child’s stability. However, when one or both countries are not parties to the Convention, resolving such cases becomes significantly more challenging. In such cases, national courts are compelled to address competing custody claims, assess allegations of wrongful removal, and determine whether they have jurisdiction to hear the case, all while balancing, often quite differently, the best interests of the children involved.
The case presented here is just one of many unreported cases where a romance relationship turns sour, leading to lengthy and contentious legal battles across jurisdictions. This note will focus on the Bangladeshi court’s treatment of the case, as it offers useful insights into the court’s approach to handling such complex cross-border disputes.
News
Widiez on Specialisation of Private International Law
Gaëlle Widiez (Bourgogne University) has recently edited a volume entitled The Specialization of Private International Law: Reflections from the Perspective of Business Law (La spécialisation du droit international privé : Réflexion dans le champ du droit des affaires), published by LexisNexis. Read more
Virtual Workshop (in German) on January 13, 2026: Jens Kleinschmidt on “Zehn Jahre Europäische Erbrechtsverordnung – Stand und Perspektiven”
On Tuesday, January 13, 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). Jens Kleinschmidt (Trier University) will speak, in German, about the topic
“Zehn Jahre Europäische Erbrechtsverordnung – Stand und Perspektiven”
Seit zehn Jahren bestimmt die Europäische Erbrechtsverordnung die Planung und Abwicklung grenzüberschreitender Erbfälle in der EU. Eine Überprüfungsklausel (Art. 82 EuErbVO) sieht nach diesem Zeitraum einen Bericht über die Anwendung der Verordnung vor. Dies nimmt der Vortrag zum Anlass, aufbauend auf den Erfahrungen mit dem Rechtsakt über Zukunftsperspektiven nachzudenken. Den Ausgangspunkt bildet dabei das Europäische Nachlasszeugnis, dessen effet utile in der Rechtsprechung des EuGH wiederholt die Auslegung der gesamten Verordnung geleitet hat.
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.
Revisiting the Internationality of Contracts: Conference in Paris, 9 February 2026
The international character of contracts is currently undergoing significant transformations. Whether deliberately chosen by the parties, rejected by domestic courts, endured in certain regulatory contexts, or even rendered obsolete, the notion of internationality – long considered a cornerstone of private international law – calls for renewed analysis. Against this background, a conference entitled “Revisiting the Internationality of Contracts” will be held on Monday, 9 February 2026 from 9:00 a.m. to 6:00 p.m. in the Grand Chamber of the French Court of Cassation.