Views
Presence as a basis for International Jurisdiction of a Foreign Court under Nigerian Private International Law
Written by Richard Mike Mlambe, Attorney and Lecturer at University of Malawi- The Polytechnic
This is the third online symposium on Private International Law in Nigeria initially announced on this blog. It was published today on Afronomics.org. The first introductory symposium was published here by Chukwuma Samuel Adesina Okoli and Richard Frimpong Oppong, and second symposium was published by Anthony Kennedy. More blog posts on this online symposium will follow this week.
Introduction
The Recognition and Enforcement of Foreign Judgments at Common Law in Nigeria
Written by Anthony Kennedy, Barrister at Serle Court
This is the second online symposium on Private International Law in Nigeria initially announced on this blog. It was published today on Afronomicslaw.org. The first introductory symposium was published here by Chukwuma Samuel Adesina Okoli and Richard Frimpong Oppong. More blog posts on this online symposium will follow this week.
Introduction
Authority exists for the proposition that a creditor of a foreign judgment may bring an action at common law in Nigeria, by which action he, in effect, seeks recognition and/or “enforcement” of that foreign judgment[1]. The common law action has not been abolished by statute or disapproved judicially but, sadly, it is not widely understood or used by practitioners/courts in Nigeria. This is unfortunate, especially where the statutory mechanism[2] for the enforcement of foreign judgments is certainly limited but otherwise shrouded in confusion[3]. This paper argues for a reawakening of the common law action.
Book Symposium Introduction -Private International Law in Nigeria (Hart Publishing, 2020)
Written by Dr. Chukwuma Samuel Adesina Okoli, Post-Doctoral Researcher, T.M.C. Asser Institute and Dr. Richard Frimpong Oppong, Associate Professor, University of Bradford, School of Law
We earlier announced that the editors of Afronomicslaw.org invited Chukwuma and Richard to organise a symposium on Private International Law in Nigeria. The introduction to the symposium has now been published today in Afronomicslaw.org. Other posts on the symposium will be posted daily this week.
News
Virtual Workshop (in English!) on 13 January 2020: AG Maciej Szpunar on Extraterritoriality
Since the summer, the Hamburg Max Planck Institute has hosted monthly virtual workshops on current research in private international law. That series, so far held in German, has proven very successful, with sometimes more than 1oo participants.
Starting in January, the format will be expanded. In order to broaden the scope of potential participants, the series will alternate between English and German presentations. The first English language speaker promises to be a highlight: Attorney-General Maciej Szpunar, author of the opinions in the landmark cases Google v CNIL (C-507/17) and Glawischnig-Pieschzek v Facebook Ireland Limited (C-18/18), as well as numerous other conflict-of-laws cases, most recently X v Kuoni (C-578/19). Szpunar will speak about questions of (extra-)territoriality, a topic of much interest for private international lawyers and EU lawyers since long ago, and of special interest for UK lawyers post-Brexit.
The Interaction between Family Law, Succession Law and Private International Law
JM Scherpe and E Bargelli have just published an edited book titled: “The Interaction between Family Law, Succession Law and Private International Law” with Intersentia.
The publisher’s blurb reads as follows:
There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace.
Comparative Dispute Resolution
MF Moscati, M Palmer, and M Roberts just published a book titled “Comparative Dispute Resolution” with Edward Elgar.
The blurb reads as follows:
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies.
From a comparative perspective, this Research Handbook analyses the field of dispute processing, generally and across a broad range of legal systems and their legal cultures. It explores the nature of disputes and the range of basic processes used in their resolution, examining emerging issues in theory and practice and analysing differing traditions of dispute resolution and their ‘modernization’. Offering a balanced combination of theory and praxis, chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.