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Kareem Olatoye and Abubakri Yekini publish a new article
Kareem Olatoye and Abubakri Yekini, both lecturers at Lagos State University, Nigeria, recently published an article titled: “Islamic Law in Southern Nigerian Courts: Constitutional Law and Conflicts of Laws Perspectives” (2019/2020) 6 Benin Journal of Public Law 120. The abstract reads as follows:
This article challenges the prevailing views that Islamic law is not applicable in southern part of Nigeria and that the civil courts do not have jurisdiction over matters bordering on Islamic personal law. It argues that these views are wrong as litigants are denied access to justice since no state in the southern part of Nigeria has established Islamic courts. The article further argues that the existing legal frameworks – the Constitution, High Court Laws and Evidence Act – support the recognition and application of Islamic law either as a lex fori or lex causae. Thus, there ought to be no distinction between north and south because Islamic law is not a territorial law. The article suggests a paradigm shift in the Nigerian courts’ approach to Islamic law in Southern Nigeria, particularly, the Southwest which has a near-majority Muslim population. It further suggests the establishment of Islamic law courts or the creation of divisions in the existing civil courts for Islamic law matters to ensure that litigants have access to justice, and Islamic law questions are determined by those learned in that law.
Adoption ELI-Unidroit Model European Rules of Civil Procedure and webinar (6 November)
The ELI-Unidroit Model European Rules of Civil Procedure were adopted by the European Law Institute and Unidroit in 2020. It consists of a set of main principles and rules covering a wide array of topics in the area of European civil procedure. It contains 245 rules in twelve parts, dedicated to general provisions, rules on parties, case management, commencement of proceedings, proceedings preparatory to a final hearing, access to information and evidence, judgment, res iudicata and lis pendens, means of review, provisional and protective measures, collective proceedings and costs.
Aiming at transforming the ALI-Unidroit Principles on Transnational Civil Procedure (2004) to make them suitable for the European regional context, the groundwork was laid at an exploratory workshop in Vienna in October 2013. The project kicked off in 2014, when the first three working groups were established. In the following years, five more working groups dedicated to specific topics were added, and in 2016, the Structure group was tasked with coordinating the work of the different working groups, filling the gaps, and securing a coherent set of model rules to be used by European and national legislators in particular. In collaboration with a task force charged with the (overview of) the translation of the Rules into French, the work was completed in 2020. It was approved by the ELI Council on 15 July and by ELI Membership on 5 August, and approved by the Unidroit Governing Council on 24 September 2020. This project, involving some 45 academics and practitioners participating in the working groups as well as a Steering group, advisory members from all over the world, and European and international institutions as observers, is the most encompassing set of model rules on European Civil Procedure.
A series of conferences and seminars were held over the past years and will be held to discuss the Rules, including an expected celebratory ELI-Unidroit event that had to be postponed due to Covid-19. A Nordic conference organized by the Swedish Network for European Studies and Uppsala University will take place on 15-16 March 2021. More information is available here.
Erasmus School of Law of Erasmus University Rotterdam is organizing a mini-webinar on Friday, 6 November 2020 from 11.30-13 hrs CET. You can register for free here until 6 November at 9 am CET.
The ELI-Unidroit Model European Rules of Civil Procedure: soft law shaping the future of European Civil Procedure?
11.20 – 11.30 Welcome and opening
11.30 – 11.50 Xandra Kramer (Erasmus University Rotterdam, Utrecht University)
Creation, main principles, and perspectives of the ELI-Unidroit Model Rules
11.50 – 12.00 Discussion
12.00 – 12.20 Eva Storskrubb (Uppsala University)
Cost Rules in the ELI-Unidroit Model Rules
12.20 -12.40 Masood Ahmed (University of Leicester)
Costs, Management & ADR: an English view on the ELI-Unidroit Model Rules
12.40 – 13.00 Discussion
This webinar is organized in the context of the ongoing ERC project Building EU Civil Justice at Erasmus School of Law (PI: Xandra Kramer), financed by the European Research Council and anticipates the Vici project Affordable Access to Justice, financed by the Dutch Research Council that will kick off in December 2020.
Virtual Workshop on November 3 (TOMORROW): Susanne Gössl on Identity in European Private International Law
On Tuesday, November 3, the Hamburg Max Planck Institute will host its fifth monthly virtual workshop in private international law at 11:00-12:30. Susanne Gössl (Christian Albrecht University Kiel) will speak, in German, about the topic
„Wer oder was bin ich überhaupt? – Zur Zukunft des Personalstatuts unter europäischen Einflüssen
(“Who or What am I Anyway? The Future of the Law Applicable to Natural Persons under European Influence”)
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
This is the fifth such lecture in the series, after those by Mathias Lehmann in June, Eva-Maria Kieninger in July, Giesela Rühl in September, and Anatol Dutta in October. The designated December speaker isMarc-Philippe Weller (Heidelberg). Starting in January 2021, we plan to alternate between German and English, in order to enable more interested scholars to participate.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de