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One, Two, Three… Fault? CJEU Rules on Civil Liability Requirements under the GDPR
Marco Buzzoni, Doctoral Researcher at the Luxembourg Centre for European Law (LCEL) and PhD candidate at the Sorbonne Law School, offers a critical analysis of some recent rulings by the Court of Justice of the European Union in matters of data protection.
In a series of three preliminary rulings issued on 14th December and 21st December 2023, the Court of Justice of the European Union (‘CJEU’) was called upon again to rule on the interpretation of Article 82 of the General Data Protection Regulation (‘GDPR’). While these rulings provide some welcome clarifications regarding the civil liability of data controllers, their slightly inconsistent reasoning will most likely raise difficulties in future cases, especially those involving cross-border processing of personal data.
Colonialism and German PIL (4) – Exploiting Asymmetries Between Global North and South
This post is part 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. 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 post (after the introduction) dealt with classic PIL and colonialism. This second considered structures and values inherent in German or European law, implicitly resonating within the PIL and, thus, expanding those values to people and cases from other parts of the world. The third category discusses an imagined hierarchy between the Global North and Global South that is sometimes inherent in private international law thinking. The fourth and for the moment last (but not least) category deals with PIL rules that allow or at least contribute to the exploitation of a power asymmetry between parties from the Global North and the Global South. For example, this power and negotiation asymmetry, in conjunction with generous rules on party autonomy, can lead to arbitration and choice of law clauses being (ab)used to effectively undermine rights of land use under traditional tribal law.
After the first post, in the comment section a discussion evolved regarding the (non-)application of tribal law. One question asked for an example. This post can also (hopefully) serve as such an example.
Colonialism and German PIL (3) – Imagined Hierachies
This post is part 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. 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 post (after the introduction) dealt with classic PIL and colonialism and already sparked a vivid discussion in the comments section. This second considered structures and values inherent in German or European law, implicitly resonating within the PIL and, thus, expanding those values to people and cases from other parts of the world. The third category discusses an imagined hierarchy between the Global North and Global South that is sometimes inherent in private international law thinking, for instances where courts or legislators abstractly or paternalistically apply the public policy to “protect” individuals from foreign legal norms. This is especially evident in areas like underage marriages and unilateral divorce practices found inter alia in Islamic law.
News
Chinese International Lawyers Bulletin: Call for Submissions
With the trend of globalization, legal exchange and cooperation, even competition and conflict between nations have become the norm. The demand for legal services in cross-border investment, international trade, and transnational dispute resolution is also sharply on the rise. As the world’s second-largest economy, China’s legal system is playing an increasingly significant role in cross-border legal services. However, the international legal community generally does not have much understanding of China’s foreign-related legal system and practice. There is a need for a platform that can, systematically and timely, provide information for the Chinese foreign-related legal development including updating China’s foreign-related legal policy, explaining the making and amending of relevant Chinese laws and reporting Chinese foreign-related cases etc. Read more
ILA Committee on Conflict-of-Laws Issues in International Arbitration: First Webinar on 18 February 2025
This post was written by Lukas Petschning, University of Vienna.
Conflict of laws is one of the most complex and disputed subject areas in international arbitration. An abundance of academic works has examined the issue and proposed widely diverging solutions. Yet, these studies frequently focus on isolated issues and lack overall consistency. Equally, they are often overly theoretical, lacking practical guidance useful to the average arbitrator or judge.
Forging a path toward more legal certainty, the International Law Association has established a new Committee on Conflict-of-Laws Issues in International Arbitration. It is chaired by Dr Nikolaus Pitkowitz and Ms Wendy Lin, with Professor Matthias Lehmann and Dr Mariel Dimsey acting as co-rapporteurs.
Out Now: Kim, Overriding Mandatory Rules in International Commercial Disputes [Open Access]
As part of Hart’s Studies in Private International Law – Asia, Min Kyung Kim, Judge at the Incheon District Court in Korea, just published her new book on Overriding Mandatory Rules in International Commercial Disputes: Korean and Comparative Law.
The impressive monograph, just shy of 200 pages, takes a comprehensive look at the role of overriding mandatory rules in international commercial litigation and arbitration, using Korea as a vantage point. It takes a close look at a large variety of (mainly European) sources in order to interpret and critically discuss the Korean Act on Private International Law, with a particular focus on the treatment of third-country mandatory rules. The book also identifies a range of potentially overriding mandatory provisions in Korean law.
The book is available open access at the publisher’s website.