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Marcus Teo on “NARROWING FOREIGN AFFAIRS NON-JUSTICIABILITY”
Marcus Teo also recently published an article with International and Comparative Law Quarterly titled: “Narrowing Foreign Affairs Non-Justiciability.”
The abstract reads as follows:
“The UK Supreme Court’s decision in Belhaj v Straw defined foreign affairs non-justiciability and unearthed its constitutional foundations. However, two decisions since Belhaj—High Commissioner for Pakistan v Prince Muffakham Jah and The Law Debenture Trust Corpn plc v Ukraine—have called Belhaj into doubt, narrowing non-justiciability to give effect to ordinary private law rights. This article analyses these decisions and argues that their general approach of subjecting issues involving transactions between sovereign States to private international law’s framework is desirable, because the constitutional foundations of non-justiciability identified in Belhaj are shaky. Yet, it is suggested that private international law itself may require courts to exercise judicial restraint on these issues, given its goal of upholding the efficient resolution of international disputes in appropriate fora.”
Even Announcement: Deals and Disputes: China, Hong Kong, and Commercial Law
The University of Pittsburgh Center for International Legal Education (CILE) and Asian Studies Center (ASC) invite you to join us for a timely conference on Deals and Disputes: China, Hong Kong, and Commercial Law on May 18-20, 2021, from 8:00-11:00 a.m. EDT each day.
The May 18 panel will consider the lessons of Changzhou Sinotype Technology Co., Ltd. v. Rockefeller Technology Investments (Asia) in the California courts, considering contract terms, arbitration and litigation strategy, arbitral award and judgment recognition, and the application of the Hague Service Convention.
The May 19 panel will assess international commercial courts and arbitral institutions in Asia, particularly in light of recent developments in Hong Kong.
The May 20 panel will take a broader view of political and legal challenges facing Hong Kong after the National Security Law in June 2020.
Keynote addresses on May 18 and 19 will be given by Professor Susan Finder of Peking University School of Transnational Law, and Antony Dapiran, author of City on Fire: The Fight for Hong Kong.
Registration is free, and can be achieved on the link in the full program for the conference, which is available here.
Pennsylvania lawyers may receive CLE substantive credits for up to 7 hours.
Masterclass about International B2B Contracts and Private International Law organised by IJI and Asser Institute
The Asser Institute and the IJI are organising a Masterclass about international B2B contracts and private international law. This Masterclass is in Dutch and aimed at lawyers with an international law practice.
For more information on the programme see here: Masterclass 1 IJI Asser