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Private International Law in Europe: Webinar series on Current Developments in Jurisprudence
The Interest Group on Private International Law of the Italian Society of International Law invites you to a series of webinars on current developments in jurisprudence in various topics of private international law.
The webinars will be hosted on Teams by Microsoft 365. In order to attend one or more webinars please write a message to the email address sidigdipp@gmail.com to be added to the relevant Teams group. Once the request has been made for one webinar, there will be no need to repeat it for subsequent events.
The webinars will take place in English except where indicate otherwise.
All webinars will be chaired by Prof. Stefania Bariatti (Università degli Studi di Milano), convenor of the Interest Group.
Programme:
29 January 2021 @ 4-6 PM (CET):
Limiting European Integration Through Constitutional Law? Recent Decisions of the German Bundesverfassungsgericht and their Impact on Private International Law
Speaker: Christian Kohler, Universität Saarbrücken
Discussant: Giulia Rossolillo, Università degli Studi di Pavia
19 February 2021 @ 4-6 PM (CET):
State Immunity and Jurisdiction in Civil and Commercial Matters in Recent Court of Justice Rulings
Speaker: Alexander Layton, King’s College London
Discussant: Lorenzo Schiano di Pepe, Università di Genova
12 March 2021 @ 4-6 PM (CET):
La trascrizione dell’atto di nascita nella recente giurisprudenza della Corte costituzionale italiana (in Italian)
Speaker: Sara Tonolo, Università degli Studi di Trieste
Discussant: Elena Rodriguez Pineau, Universidad Autonóma de Madrid
9 April 2021 @ 4-6 PM (CET):
Law Governing Arbitration Agreements in a Recent Judgment of the UK Supreme Court
Speaker: Adrian Briggs, University of Oxford
Discussant: Pietro Franzina, Università Cattolica del Sacro Cuore
TBC 23 April 2021 @ 4-6 PM (CET) TBC:
Jurisdiction in Matters Relating to Cross-Border Torts according to the Recent Volkswagen Judgment of the Court of Justice
Speaker: Giesela Rühl, Humboldt-Universität zu Berlin
Discussant: Fabrizio Marongiu Buonaiuti, Università di Macerata
Launch: Latin American Center of European Studies
Written by Aline Beltrame de Moura, Professor at the Federal University of Santa Catarina, in Brazil
It is with great satisfaction that we announce the launch of the Portal of the Latin American Center of European Studies (LACES) – www.eurolatinstudies.com.
The portal proposes to create a channel for dialogue and exchange of good practices between Latin America and Europe through the dissemination of innovative scientific research with the Latin American Journal of European Studies, and relevant news and events in the Observatory on European Studies.
The proposed activities are developed within the scope of the Jean Monnet Network “BRIDGE Project” of the Erasmus + Program of the European Commission, which has a research network formed by professors and researchers from several Latin American and European universities.
We inform that we are already open for submissions of articles for the Journal and news for the Observatory.
In addition, we take the opportunity to invite all the academic community to submit their scientific papers to the Workshop event of the I Jean Monnet Network – BRIDGE Seminar on “EU – Latin America Trade and Investment Relations”, which will take place on the 15 March 2021, at the University of Lisbon (Portugal), through online platform.
The best articles will receive a prize, and it will be possible to publish in the Latin American Journal of European Studies, as well as in the Seminar Annals both backed by AAFDL Publisher. It is also possible to present your paper during the event.
Those who are interested must submit their full article until 8 February 2021 to the e-mail: network@eurolatinstudies.com.
For more information: https://eurolatinstudies.com/index.php/laces/announcement/view/2
First Issue of 2021’s International and Comparative Law Quarterly
The first issue of 2021’s International and Comparative Law Quarterly has recently been published. It features a book review by Dr. Nahel Asfour of Dr. Gianluigi Passarelli’s book titled “Contract Law in Contemporary International Commerce: Considerations on the Complex Relationship between Legal Process and Market Process in the New Era of Globalisation [Nomos, Baden-Baden, 2019]. ” It contains no other topic that is directly on private international law.
On a personal note, I have earlier read Dr. Passarelli’s book to completion at least twice, and found it to be thought provoking and interesting. Dr Passarelli proposes an approach that gives principal focus to a contract as a wealth creation mechanism in addressing private international law matters. He argues that this approach should not be rigid but allow some gap-filling by the judges to a private international law contract.
He then applies this logic to the applicable law in the absence of choice under Rome I Regulation, and challenges the approach of the European Union (“EU”) legislator for giving too much emphasis to certainty through hard and fast rules, at the expense of flexibility. In this connection, he argues that the EU legislator’s approach is contrary to the expectations of international commercial actors. The thesis of his book is that legal certainty in choice of law in determining the applicable law in the absence of choice is overrated under Rome I Regulation.
It is unlikely that the EU legislator at present will be convinced by Dr. Passarelli’s argument that elevates the role of flexibility in the choice of law process, or accept a “regression” to Article 4(5) of Rome Convention style of flexibility that produced uncertainty among Member State Courts. Legal certainty, predictability and uniformity are the cornerstone of EU private international law. My verdict is that Dr. Passarrelli’s work will remain relevant to students, scholars, practitioners, judges and legislators who prize flexibility over legal certainty in private international law.