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Out now: Mankowski, Peter (ed.), Research Handbook on the Brussels Ibis Regulation
A most useful new research handbook in European Law is on the table – highly recommended! The publisher’s blurb reads:
„The Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries.
Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law.
This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance.
Contributors: T.M.C. Arons, S. Bollée, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. Winkler; Edward Elgar: Cheltenham/Northampton, MA 2020 ISBN 978-1-78811-079-22020 392 pp Hardback 978 1 78811 078 5 £165.00 / $255.00“.
The eBook version is priced from £22/$31 from Google Play, ebooks.com, and other eBook vendors, while in print the book can be ordered from the Edward Elgar Publishing website.
The Japanese Yearbook of International Law (Vol. 62, 2019)
The latest Volume of the Japanese Yearbook of International Law (Vol. 62, 2019) has been released. The Volume dedicates one section to the introduction of the new legislation on international jurisdiction of Japanese courts in family matters. (For an introduction of the new rules relating to international jurisdiction in matter of divorce, see Yasuhiro Okuda, “New Rules of International Jurisdiction over Divorce in Japanese Courts”, Yearbook of Private International Law, Vol. 20 (2018/2019), pp. 61-72).
The Volume also contains an English translation of the new rules as well as English translation of some court decisions relating to public and private international law.
Relevant content include the following:
NEW LEGISLATION ON THE INTERNATIONAL JURISDICTION OF JAPANESE COURTS ON PERSONAL STATUS LITIGATIONSAND DOMESTIC RELATIONS CASES
Aki Kitazawa, Introductory Note, p. 118
Yuko Nishitani, New International Civil Procedure Law of Japan in Status and Family Matters, p. 119
Yuko Nishitani, International Adjudicatory Jurisdiction in Matrimonial Matters in Japan, p. 151
Masako Murakami, International Jurisdiction of Child-Related Cases in Japan, p. 189
Takami Hayashi, International Jurisdiction in Case Related to Succession: New Rules in Japan, p. 209
Manabu Iwamoto, Recognition and Enforcement of Foreign Decisions on Personal Status Litigation and Family Relations Cases, p. 226
JUDICIAL DECISIONS IN JAPAN
Public International Law
Tokyo High Court, Judgment, December 14, 2017, p. 426
Compensation for War Injuries – Individuals’ Right to Seek Compensation under Additional Protocol I to the Geneva Conventions in 1977 – Individuals’ Right to Seek Compensation under Customary International Law
Nagoya High Court, Judgment, April 11, 2018, p. 433
Immigration Control and Refugee Recognition Act – Enforced Deportation – Circumstances to Be Taken into Account – De Facto Marriage with a Nikkei Nisei (Second Generation of Japanese Emigrant)
Tokyo District Court, Judgment, February 28, 2018, p. 440
Dispute over an Employment Contract – Immunity from the Civil jurisdiction of Diplomatic Agent – Article 31(1)(c) of the Vienna Convention on Diplomatic Relations
Tokyo District Court, Judgment, March 20, 2018, p. 443
Application for Reconsideration of Refugee Status by Persons Who Have Already Left japan – Definition of Refugees – Burden of Proof- Situation in Syria
Tokyo District Court, Judgment, July 5, 2018, p. 447
Tbe Cessation Clause – Article 1-C(5) of the Refugee Convention – Burden of Proof- Situation in Sri Lanka
Private International Law
Supreme Court (1st Petty Bench), Judgment, March 15, 2018, p. 452
International Child Abduction – Habeas Corpus Relief
Tokyo High Court, Judgment, June 29, 2017, p. 455
Jurisdiction over the Claim Based on Non-performance of Carriage Contract – Piercing the Corporate Veil
Tokyo High Court, Decision, June 30, 2017, p. 458
Order of Seizure – Applicable Law of Statutory Lien
Tokyo High Court, Decision, August 1, 2018, p. 462
Setting aside of Arbitral Award – Procedural Public Policy
Tokyo District Court, Decision, June 12, 2018, p. 468
Applicable Law of the Claim Arising from a Tort of Defamation – Disclosure of Identification Information of the Sender- Word of Mouth on the Website
DOCUMENT
National Legislation Act for the Partial Revision of the Personal Status Litigation Act, Etc. (Act No. 20 of April 25, 2018), p. 486
More information on the Yearbook (former Annual) and the content of its past volumes is available at http://www.ilajapan.org/jyil/.
Dr Jan De Bruyne presents on ‘Regulating Artificial Intelligence in the European Union: Legal and Ethical Aspects’.
Dr Jan De Bruyne presented a paper at the Research Seminar Series at the School of Law, the University of Queensland, Australia discussing ‘Regulating Artificial Intelligence in the European Union: Legal and Ethical Aspects’ on 17 April 2020.
Artificial intelligence (AI) has become an area of strategic importance and a key driver of economic development. It has many benefits and can bring solutions to several societal challenges. At the same time, however, legal and ethical challenges remain and have to be carefully addressed. It is, therefore, not surprising that the regulation of AI is probably one of the most debated legal topics in the European Union (EU) and several of its Member States. This debate has only been strengthened with the recent European Commission’s White Paper on Artificial Intelligence – A European approach to excellence and trust.
Some argue that the law will need a fundamental make-over to deal with the reality of AI. The question that arises from a legal point of view is thus whether the existing longstanding legal principles are compatible with these technological evolutions or, instead, new legislation will need to be adopted. After a more general overview of the existing legal and ethical framework on AI in the European Union, I will proceed with an analysis of the situation for damage caused by AI systems such as autonomous vehicles to find an answer to that question. The analysis uncovers some difficulties in the application of traditional tort law principles. Reliance on a fault-based liability regime, for instance, will become uncertain in the context of autonomous vehicles. Liability in traffic-related matters will, therefore, evolve from a fault-based mechanism towards forms of strict liability. Particular attention is thereby given to the application of the EU Product Liability Directive. It will eventually be assessed who should be held liable for the damage caused by self-driving cars and other AI systems by an extension (de lege ferenda).
Details of the presentation may be found at: https://law.uq.edu.au/event/session/13582