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Foreign Sovereign Immunity and Historical Justice: Inside the US Supreme Court’s Restrictive Turn in Holocaust-Related Cases
By Livia Solaro, PhD candidate at Maastricht University, working on the transnational restitution of Nazi-looted art
On 21 February 2025, the US Supreme Court issued a ruling in Republic of Hungary v. Simon,[1] a Holocaust restitution case with a lengthy procedural history. Delivering this unanimous decision, Justice Sotomayor confirmed the restrictive approach to cases involving foreign states inaugurated in 2021 by Federal Republic of Germany v. Philipp.[2] In light of the importance of US practice for the development of customary law around sovereign immunity,[3] and its impact on questions of historical justice and transnational accountability, the Simon development deserves particular attention. Read more
Legislative direction for recognition of foreign judgments in Sri Lanka: A new sign-post in the private international law landscape
This post was written by Rose Wijeyesekera, Professor of Private and Comparative Law, Chair / Department of Private and Comparative Law – Faculty of Law, University of Colombo
Introduction
Sri Lanka (formerly known as ‘Ceylon’) is an island in the Indian Ocean, and is home to a total population of 21,763,170, consisting of Sinhalese 74.9%, Tamils 15.4%, Muslims 9.3%, and 0.5% consisting of others such as Veddhas, Burghers, and gypsies.The legal system of this island nation is a unique blend of native laws and the laws that were placed by the colonial powers from 1505 to 1947, when the country gained independence. Since then, Sri Lanka has been a democratic republic and a Unitary State governed by a constitution. The Sri Lankan legal system is primarily based on Roman-Dutch law, inherited from its colonial past under the Dutch, and English common law introduced by the British colonial rulers. Apart from these two, the legal system incorporates elements of Kandyan law (representing indigenous customs of the Sinhalese), Tesawalamai(customary laws of the Tamils of the Northern province of the country) and Muslim law. These personal laws apply in matters of personal law, such as marriage, divorce, and inheritance, depending on the community to which an individual belongs. All Muslims including the sub-categories such as Moors and Malays, are governed by Muslim Law in their personal matters, while Kandyan Sinhalese (a minority of the Sinhalese who hail from “Kandyan Provinces” / the hill country, are governed by Kandyan Law. These customary laws bear a territorial and/or a religious nature. Most of these laws are enacted, but some remain open leaving room for judicial interpretation. The court system in Sri Lanka is structured hierarchically and is designed to ensure justice through a combination of traditional and modern legal principles. The system comprises the Supreme Court at the apex, the Court of Appeal, Provincial High Courts, District Courts, Magistrate Courts, and tribunals such as Labour Tribunals, Quazi Courts, and Mediation Boards. Read more
South Africa Grapples with the Act of State Doctrine and Choice of Law in Delict
By Jason Mitchell, barrister at Maitland Chambers in London and at Group 621 in Johannesburg.
The Supreme Court of Appeal delivered judgment today in East Asian Consortium v MTN Group. The judgment is available here.
East Asian Consortium, a Dutch company, was part of the Turkcell consortium. The consortium bid on an Iranian telecommunications licence. The consortium won the bid. East Asian Consortium alleged that it was later ousted as a shareholder of the ultimate license holder, the Irancell Telecommunications Services Company. East Asian Consortium sued, amongst others, several subsidiaries of the MTN Group, a South African telecommunications company, in South Africa. East Asian Consortium alleged that the defendants unlawfully induced the Iranian government to replace East Asian Consortium with one of the MTN subsidiaries. Read more
News
Call for Papers: 11th Journal of Private International Law Conference (Zurich, 1–3 April 2027)
The following Call for Papers has been kindly shared with us by Christiane von Bary (University of Zurich):
Following the 20th Anniversary Conference in London (2025), we are pleased to announce that the Journal of Private International Law will be holding its 11th Conference at the University of Zurich from 1 to 3 April 2027.
We are now inviting the submission of paper proposals for the conference. Please submit an abstract if you would like to make a presentation at the conference and you are willing to produce a final paper that you will submit for publication in the Journal. Abstracts should be up to 500 words in length and should clearly state the name(s) and affiliation(s) of the author(s). Participants are also welcome to propose collective panels. If the proposal is for a panel, it should include the names and affiliations of all proposed participants.
Presentations can be on any subject matter that falls within the scope of the Journal and can be offered by people at any stage of their career, including postgraduate students and practitioners. Presentation at the conference will depend on whether your abstract is selected by the Editors of the Journal (Professor Jonathan Harris KC, King’s College, London and Professor Paul Beaumont FRSE, University of Stirling) and the conference organisers (Professors Tanja Domej and Christiane von Bary, University of Zurich). The subsequent article should be submitted to either of the editors of the Journal before the end of 2027. Publication in the Journal will be subject to the usual system of peer review.
The Conference will be held at the University of Zurich. There will be a mixture of plenary and parallel panel sessions. Speakers will not be expected to pay a conference fee but will be expected to pay for their own expenses in relation to their attendance at the conference in Zurich. Non-speakers will be expected to pay a conference fee. A conference dinner will be held on Friday (2 April 2027), at additional cost and with limited places. Details about registration, the conference dinner and options for accommodation will be made available on the conference webpage: https://t.uzh.ch/1WV.
Please send your proposal to the following e-mail address by Tuesday, 30 June 2026:
We look forward to receiving your proposals, and to welcoming you to Zurich in April 2027!
Conference: Assimilated law – the role and future of retained EU law in the UK (Oxford, 13/14 April 2026)
The following conference announcement was kindly shared with us by Johannes Ungerer (University of Oxford).
At the University of Oxford, a conference on “Assimilated law – the role and future of retained EU law in the UK” will be held on 13 and 14 April 2026. It is jointly organised by Professor Anne Davies and Dr Johannes Ungerer; it is funded by the Institute of European and Comparative Law as part of its 30th anniversary events.
The concept, category or chimaera of assimilated law emerged in the UK after Brexit: when becoming a Non-Member State, the UK chose to retain many EU laws in its domestic legal system, and this body of law has since been labelled ‘assimilated law’. There is an urgent need to explore and understand how assimilated law operates and might develop in future in the UK. Pressing questions concern how assimilated law is to be applied and interpreted and how it and the underlying EU laws might develop and diverge over time. Courts in the UK and on the Continent already had to deal with complex matters arising with regard to assimilated law, so there is a real need to distil and disseminate academic insights. In Lipton, the UK Supreme Court dealt with some initial questions, but they only addressed a small portion of the underlying issues.
The conference will bring together legal scholars and practitioners to establish a common understanding of the practices and challenges regarding assimilated law. The conference will be structured in two parts over the course of one and a half days: first, general questions about assimilated law will be debated, so that common themes, trends, and topics can be explored. Secondly, particularly tricky issues will be addressed which pertain to assimilated law in specific areas.
Further information, including the conference programme, is available here.
JKU Linz: Tenure-Track Position for European and International Civil Procedure Law
Johannes Kepler University Linz is currently advertising a tenure-track professorship in “European and International Civil Procedure Law”.