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The Convergence of Judicial Rules between Mainland China and Hong Kong has Reached a Higher Level
By Du Tao* and Jingwei Qiu**
With the increasingly close personnel exchanges and deepening economic cooperation between Mainland China and Hong Kong, the number and types of legal disputes between the two regions have also increased. Against the backdrop of adhering to the “One Country, Two Systems” principle and the Basic Law of Hong Kong, the judicial and legal professions of the two regions have worked closely together and finally signed “the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region (hereinafter referred to as “REJ Arrangement”) in January 2019, which will come into effect in January 2024. REJ Arrangement aims to establish an institutional arrangement for the courts of the Mainland and the Hong Kong Special Administrative Region to recognize and enforce judgments in civil and commercial cases, achieve the “circulation” of judgments in civil and commercial cases, reduce the burden of repeated litigation, and save judicial resources in the two regions.
Colonialism and German PIL (1) – Colonial Structures in Traditional PIL
This post is the first of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. See the introduction here.
As mentioned in the introduction, this series does not intent to automatically pass judgment on a norm or method influenced by colonialism as inherently negative (I emphasise this because my experience shows that the impression quickly arises). Instead, the aim is to reveal these influences and to initiate a first engagement with and awareness of this topic and to stimulate a discussion and reflection.
The first category, to be discussed today, relates to the (sometimes unconscious) implementation and later continuation of the colonial structure in PIL – now and then.
Colonialism and German Private International Law – Introduction to a Post Series
In March 2023 I gave a talk at the conference of the German Society of International Law. The conference had the title “Colonial Continuities in International Law“ and my presentation focused on “Continuation of colonialism in contemporary international law? – Foundations, structures, methods from the perspective of PIL“. Thus, I was exploring those foundations, basic structures, and fundamental methods of mainly German Private International Law (PIL) and whether and how they have been influenced by colonialism.
News
Box Set Launch on January 23, 2025 in Paris: Le droit étranger. Études de droit international privé comparé
On Thursday, January 23, 2025, at 5 pm, the Société de législation comparée will present the Box Set Le droit étranger – Études de droit international privé comparé. The event will take place in 28 rue Saint-Guillaume – Amphitheater, 1st floor, 75007 Paris. Everybody is welcome to attend.
On the Box Set: Over the past ten years, the Société de législation comparée has conducted a series of collective studies on the theoretical, methodological, and practical issues related to accessing, understanding, and implementing foreign law. These issues are highly relevant today. Foreign law is playing an increasingly significant role in practice—not only for judges, of course, but also for other practitioners such as notaries, civil registrars, and lawyers. In France and elsewhere, when judges, notaries, or civil registrars are required to apply foreign law, understanding and implementing an unfamiliar legal system present numerous challenges. These challenges are even more daunting given that the treatment of foreign law retains a profoundly national dimension, despite the growing unification of conflict-of-law rules in Europe and in Americas.
The studies conducted by the Société de législation comparée aim to go beyond conventional analyses. By exploring the positive law of various countries and regions, they shed light on grey areas, shortcomings, and contradictions — abundant in what constitutes the very essence of Private International Law. Now gathered in a single volume they provide academics and practitioners with a comprehensive overview of the reflections carried out by jurists from diverse backgrounds on the most pressing issues in this often-neglected area of conflict of laws, along with their proposals to ensure the most accurate establishment of foreign law content.
The texts were compiled by Gustavo Cerqueira, professor at Université Côte d’Azur, and Nicolas Nord, Secretary General of the International Commission on Civil Status.
Addressing Conflict of Laws and Facilitating Digital Product Passports (DPPs) in Cross-border Value Chains: Call for Participation
Help draft a white paper on Addressing Conflict of Laws and Facilitating Digital Product Passports (DPPs) in Cross-border Value Chains to achieve legal coordination and establish traceability in global trade law. The White Paper aims to be published by the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT), which is a subsidiary, intergovernmental body of the United Nations Economic Commission for Europe (UNECE) and serves as a focal point within the United Nations Economic and Social Council for trade facilitation recommendations and electronic business standards.
