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Marshall Islands: A Pacific island-country joins the HCCH Service Convention (updated)
On 31 July 2020, the Depositary (i.e. the Ministry of Foreign Affairs of the Kingdom of the Netherlands) notified that the Marshall Islands acceded to the HCCH Service Convention. A six-month period for filing objections has been set to run from the date of the Depositary’s notification until 31 January 2021. In the absence of any objection from an already ratifying State, the Convention will enter into force for the Marshall Islands on 1 February 2021.
So far the Marshall Islands has made no declarations under the treaty (think for example of Articles 8, 10, 15 and 16). Nor has it designated Central Authority. While this can be done at a later date, it is undoubtedly of great importance that the designation of Central Authority be made as soon as possible for the treaty to operate smoothly and avoid potential objections, even if this is only a theoretical possibility as the objection-mechanism has never been used in practice.*
In the Pacific region, there are a few other States already a party to the Service Convention, such as the Philippines (date of entry into force: 1 October 2020!), Japan and Australia.
The HCCH news item is available here.
* On 4 August 2020, the Marshall Islands diligently informed the Depositary of its declarations under Articles 8, 10(a), 15 and 16 of the Service Convention. It also made a declaration concerning the language of the documents to be served under Article 5 of the Service Convention, and although this declaration is not contemplated explicitly in this treaty, it is a very common declaration to file. Importantly, it also designated the Republic of the Marshall Islands Attorney-General as the Central Authority. See here (notification of 7 August 2020).
Nagy on collective actions in EU
Recently published paper The Reception of Collective Actions in Europe: Reconstructing the Mental Process of a Legal Transplantation, authored by Csongor István Nagy, Professor at the University of Szeged, is a must read for those studying collective actions in EU. It is intended to identify the differentia specifica of the European collective actions as opposed to those in US, which in itself is not an easy task as there are various models in different Member States. However, the paper elegantly navigates these waters and offers a firm grasp of the history and present state on this increasingly important topic on this side of the Atlantic (you may track the EU developments at the legislative train site). For the rest, you need to read the paper…
It is published in Journal of Dispute Resolution, Vol. 2020, No. 2, pp. 413-443 (2020), and also available at SSRN.
New text: The Conflict of Laws in New Zealand
Readers of this blog may be interested to hear of a new textbook on private international law, recently published by LexisNexis. The Conflict of Laws in New Zealand is the first comprehensive treatment of the subject from a New Zealand perspective. Drawing on principles developed in common law countries while adopting a comparative perspective, it explains how New Zealand law has developed into an indigenous body of rules to deal with problems of jurisdiction, choice of law, recognition of judgments and international civil procedure. The textbook may be of interest to scholars and academics outside New Zealand who are looking for a comparative treatment of problems in modern private international law, as well as any lawyers who find themselves interacting with New Zealand law in practice.
The first part of the book covers the four distinct functions of the conflict of laws: adjudicatory jurisdiction (including personal and subject-matter jurisdiction), choice of law, recognition and enforcement of judgments, and international civil procedure. The second part of the book addresses the conflict of laws rules as they relate to the main subject areas of private law, including obligations, property and trusts, succession, family law and corporations and insolvency