Views
Moroccan Supreme Court Confirms Child Return Order to Switzerland under the HCCH 1980 Child Abduction Convention
I. Introduction
It is not uncommon for scholars examining the interplay between the HCCH 1980 Child Abduction Convention and the legal systems of countries based on or influenced by Islamic Sharia to raise concerns about the compatibility of the values underlying both systems. While such concerns are not entirely unfounded and merit careful consideration, actual court practice can present a very different reality.
Morocco’s engagement with the Hague Conventions, notably the HCCH 1980 Child Abduction Convention and the HCCH 1996 Child Protection Convention, provides a particularly illustrative example. As previously reported on this blog (see here, here and here), Moroccan courts have thus far demonstrated a clear willingness to engage constructively with the HCCH instruments, effectively dispelling – at least to a significant extent – concerns about the existence of a so-called “Islamic exceptionalism” as an obstacle to resolving parental child abduction cases. The case presented here provides yet another compelling example of how Moroccan courts interpret and apply the HCCH 1980 Child Abduction Convention in a manner consistent with Morocco’s international obligations. This is particularly noteworthy given the presence of elements often cited as indicative of “Islamic exceptionalism.” Read more
Brazil’s New Law on Forum Selection Clauses: Throwing the Baby out with the Bathwater?
This post was written by Luana Matoso, a PhD candidate and research associate at Max Planck Institute for Comparative and International Private Law in Hamburg, Germany.
Brazil has changed its law on international forum selection clauses. In June this year, a new statutory provision came into force, adding, unexpectedly, new requirements for their enforceability. In this attempt to redistribute domestic litigation, the Brazilian legislator may well have thrown out the baby, international forum selection clauses, with the bathwater.
Improving the settlement of (international) commercial disputes in Germany
This post was written by Prof. Dr. Giesela Rühl, LL.M. (Berkeley), Humboldt University of Berlin, and is also available via the EAPIL blog.
As reported earlier on this blog, Germany has been discussing for years how the framework conditions for the settlement of (international) commercial disputes can be improved. Triggered by increasing competition from international commercial arbitration as well as the creation of international commercial courts in other countries (as well as Brexit) these discussions have recently yielded a first success: Shortly before the German government coalition collapsed on November 6, the federal legislature adopted the Law on the Strengthening of Germany as a Place to Settle (Commercial) Disputes (Justizstandort-Stärkungsgesetz of 7 October 2024)[1]. The Law will enter into force on 1 April 2025 and amend both the Courts Constitution Act (Gerichtsverfassungsgesetz – GVG) and the Code of Civil Procedure (Zivilprozessodnung – ZPO)[2] with the aim of improving the position of Germany’s courts vis-à-vis recognized litigation and arbitration venues – notably London, Amsterdam, Paris and Singapore. Specifically, the new Law brings three innovations. Read more
News
Border Control & Migration: Safeguarding Fundamental Rights in the Age of Artificial Intelligence
You are invited to the next Migration Talk organized by the Jean Monnet Chair in Legal Aspects of Migration Management in the European Union and in Türkiye by Leyla Kayac?k (Human Rights Expert/ Council of Europe Former Special Representative of the Secretary General on Migration and Refugees) on “Border Control & Migration: Safeguarding Fundamental Rights in the Age of Artificial Intelligence”.
Venue: Online via Zoom
Date: 17 December 2025, Wednesday
Time: 12:30 – 13:20 (UTC +3)
The Zoom link shall be provided upon request: migration@bilkent.edu.tr
Esplugues on New Dimensions in the Application of Foreign Law by Courts (and Arbitrators) and Non-Judicial Authorities

The issue of “foreign law” and its application, long considered essential to the functioning of private international law (PIL), continues to trigger interesting discussions and debates. Read more
The Procedural Law Unit at the University of Nicosia’s 5th Annual Symposium and JIWP 2025 Conference: “Judicial Independence and Liberal Democracy Under Threat: The Challenge of Implementing the ELI Mt Scopus Standards on Judicial Independence”
A symposium on “Judicial Independence and Liberal Democracy Under Threat: The Challenge of Implementing the ELI Mt Scopus Standards on Judicial Independence” will take place from 10 to 12 December 2025 at the University of Nicosia. The event is organised by the Procedural Law Unit in cooperation with the International Association of Judicial Independence and World Peace (JIWP) and will be held at the UNESCO Amphitheatre.




