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Speaking for the Dead: Idziski and the Forum for Post-Mortem Likeness Claims
by Marta Liduma, LLB candidate in International and European Law, University of Groningen
A Dutch actor dies in March. By April, his likeness starts to appear widely. Generated videos show him promoting a supplement, and one clip ends with a link to a shop selling shirts printed with his face. A single man in Germany creates all of this, in large quantities, using a dozen deceased performers.
Who can sue, and in which court?
Dutch law answers the first question readily. Article 21 of the Auteurswet allows publication to be resisted when a reasonable interest of the portrayed person, or after his death of one of his surviving relatives, opposes it. Article 25a, in the same paragraph of the Act, identifies those relatives as the parents, the spouse or registered partner and the children, each of whom may act independently of the others. Article 21 addresses whoever holds the copyright for the portrait, which poses a problem for a generated video that may have no author at all. However, Article 35 makes the publication of a portrait without entitlement an offence for anybody, and Dutch practice has long read the two provisions together. German law follows a similar design. Section 22 of the Kunsturhebergesetz (KUG) requires the consent of the family of the deceased (Angehörige) for ten years after death, and defines them as the surviving spouse or registered partner and the children, failing whom the parents.
The second question leads to the Court of Justice and its judgment on 18 June 2026 in Idziski (C-232/25). The concentrating head of Article 7(2) Brussels Ia puts two questions to a single individual. Does the content identify you, and where are your interests centred? Death creates separation between these questions, and current case law keeps them apart.
Book Review: Andrew Dickinson and Alexander Thompson, The State Immunity Act 1978 (OUP, 2025)
This review concentrates principally on the private international law dimensions of Andrew Dickinson and Alexander Thompson’s The State Immunity Act 1978. Although state immunity is fundamentally a subject of public international law, the legislation operates at the point where public and private international law intersect. It determines whether the English courts may adjudicate disputes involving foreign states, how proceedings may be served, and whether judgments or arbitral awards may be recognised and enforced against state property. These questions are of direct importance to private international lawyers, particularly in transnational commercial, employment, property and arbitration disputes.
The authors bring considerable practical expertise to the subject. As the preface indicates, their analysis is informed not only by academic study but also by professional experience of state-immunity litigation. The result is a specialist and authoritative treatment of a technically demanding statute. The chapters generally combine legislative history, an overview of the relevant statutory provisions, and a detailed examination of their judicial application.
Political Immobilisation of Iranian Diaspora Property: Lex Situs, Human Rights and Public Policy
Iran’s use of property measures against critics abroad is no longer hypothetical. In March 2026, Iran’s Prosecutor-General’s Office warned Iranians living abroad that support for, or cooperation with, states regarded by Iran as hostile could result in confiscation of their property. Reuters reported the warning on the basis of statements carried by Iranian state media.
The policy has since acquired a more concrete form. In May 2026, Amnesty International reported judicial orders to identify, freeze and seize bank accounts, properties and other assets belonging to persons accused of cooperating with “enemy states” or “hostile media”. Iranian authorities had reportedly announced measures affecting more than 750 persons inside and outside Iran, including journalists living abroad.
Administrative measures adopted in 2026 have also brought security screening into the use of consular powers of attorney. A circular concerning power of attorney issued abroad required inquiries where such instruments were presented in Iran and contemplated prosecutorial action where the grantor was identified as an opponent of the Islamic Republic abroad.
For present purposes, this situation can be described as political immobilization. Ownership may formally remain intact, while access to the legal mechanisms required to sell, mortgage, partition or administer the property is conditioned by political or security considerations.
The immediate concern is one of human rights. A separate question arises in private international law once the consequences of such measures are relied upon before courts outside Iran.
News
Internships at the HCCH
Applications are now open for three- to six-month legal internships at the headquarters of the Permanent Bureau of the HCCH in The Hague, for the period from March to September 2027!
Interns work with our legal teams in the Family and Child Protection Law Division, the Transnational Litigation and Apostille Division, and the Commercial, Digital and Financial Law Division.
Duties may include carrying out research on particular points of private international law and/or comparative law, taking part in the preparation of HCCH meetings, and contributing to the promotion of the HCCH and its work.
Applications should be submitted by Monday, 9 November 2026 at 18.00 (CET). For more information, please visit the Internships Section of the HCCH website.
This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).
Virtual Workshop (in English) on Tuesday, 3 November 2026: Brooke Marshall in our series on “Current Research in Private International Law”
On Tuesday, November 3, 2026, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST).
Brooke Marshall (University of Oxford) will speak, in English, about the topic
“Forum legis in English Law”
About the Speaker:
Brooke Marshall is an Associate Professor of the Faculty of Law, University of Oxford, and a Fellow of St Edmund Hall. Her research examines intersections both within the field of private international law and between the field and other areas of law and legal practice. Her work has a doctrinal foundation in international commercial dispute resolution and engages with normative and comparative questions raised by cross-border relationships.
About the Topic:
An initial determination by an English court as to the law that should apply to a cross-border dispute is commonplace at the jurisdictional stage, directly affecting both the assumption and exercise of jurisdiction. This project, jointly undertaken with Dr Roxana Banu, maps the substantial and increasing role played by choice of law in the jurisdictional enquiry. Focussing on the governing law gateways for service outside the jurisdiction, it provides a theoretical, historical, and doctrinal account of England’s forum legis. We explore its imperial roots, the results it produces in the case law, and whether basing the adjudicatory jurisdiction of English courts on the applicability of English law can be normatively justified in routine commercial cases.
About the Virtual Workshop Series:
The virtual workshop series “Current Research in Private International Law” is organised by Ralf Michaels and Antonia Sittig. The series features leading national and international scholars who present and discuss their work on current developments and research topics in private international law. The workshops are geared to scholars who are researching in the field of private international law, but attendance is open to all individuals having an academic interest (doctoral candidates and students are expressly invited).
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
Vacancy: International Family Law, University of Aberdeen
The Law School of the University of Aberdeen is seeking a lecturer in International Family Law. They are offering a Teaching and Research or Teaching and Scholarship contract. The successful candidate will be contributing in undergraduate as well as specialist Honours and postgraduate teaching.
Candidates are invited to apply online by 29 October 2026.