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The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa
I. The Apostille Convention
The HCCH has recently announced that “[o]n 9 July 2026, the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (1961 Apostille Convention) entered into force for the People’s Democratic Republic of Algeria following the deposit of its instrument of accession on 5 November 2025.” With Algeria’s accession, the 1961 Apostille Convention now has 130 Contracting Parties, making it by far the most successful of all HCCH Conventions in terms of global participation.
The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations
This note has been co-authored with Dr. Samuel Vuattoux-Bock, LL.M. (Kiel). It is based on a legal expert opinion for White and Case LLP, Frankfurt. A more comprehensive version – in German – is forthcoming in the Zeitschrift für Internationales Wirtschaftsrecht (IWRZ).
I. Introduction
International enforcement regarding the performance of actions that may be taken by others pursuant to Section 887 of the German Code of Civil Procedure (ZPO) raises complex questions within the Brussels Ibis Regulation. These issues concern the correct classification of such enforcement measures, the legal status of a third-party debtor in the context of the enforcement of monetary claims, and potential grounds for refusing enforcement that may arise with respect to international jurisdiction and any defects in service of process. Currently, French courts are seized of the question as to whether a German judgment—in which the German creditor of a Russian debtor was awarded an advance on costs pursuant to Section 887(2) ZPO—can be fully enforced in France by means of a garnishment order directed against a French third-party debtor.
News
Out now: Private International Law and Children’s Rights Law by Tine Van Hof
The publisher’s blurb, including a discount code, is as follows:
Private International Law and Children’s Rights Law
Conflicts in International Child Abduction Cases
Tine Van Hof
This book examines the relationship between two legal fields when courts decide on cross-border child abduction. While private international law prioritises the child’s prompt return and applies the best interests principle in abstracto, children’s rights law demands an in concreto, individualised assessment of the child’s best interests. These differing approaches can lead to legal friction in practice.
Through a detailed analysis of legal instruments and supranational case law, the book explores how these conflicts arise and how they might be resolved.
Offering clear recommendations for lawmakers, international organisations, and courts, the book provides a roadmap for fostering constructive relationships between legal fields. It is an essential resource for scholars of private international law, judges and practitioners in cross-border family law, and policymakers working at the intersection of international law and children’s rights.
Tine Van Hof is a legal researcher at the University of Antwerp, Belgium.
Jun 2026 | 9781509977055 | 288pp | Hbk | RRP: £90
Discount Price: £72
Order online at www.hartpublishing.co.uk – use the code GLR BD8 to get 20% off!
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New Empirical Study in Comparative Law: “The Reasons Highest Courts Give: England, France, Germany; 1880–89 and 2007–16”
This post has kindly been provided by Markus Lieberknecht (University of Osnabrück).
It is our great pleasure to bring to readers’ attention the publication of the article “The Reasons Highest Courts Give: England, France, Germany; 1880–89 and 2007–16”, co-authored by Holger Spamann (Harvard Law School), Stefan Vogenauer and Jasper Kunstreich (MPI Hamburg), Heinrich Nemeczek (Scalable Capital) and Markus Lieberknecht (Osnabrück University), in The Journal of Legal Studies.
One of the core debates in comparative law concerns the characteristics, extent, and development of the common/civil law divide. In this context, it is a familiar trope that common and civil lawyers reason differently, but that the systems are converging. However, the empirical basis for such claims is thin to nonexistent. To address this paucity of data-backed research, we present the first systematic quantitative comparison of three paragon jurisdictions of common law (England) and civil law (France and Germany), and across two centuries (1880–89 vs. 2007–16). Specifically, we analyze the use of legal authorities (cases, statutes, and literature) in 40 representative opinions of each apex court in each of the two decades we surveyed.
Perspectives Contentieuses Internationales (PCI), Volume 6
The following announcement was kindly shared with us by Fabienne Jault-Seseke.
The 6th issue of Perspectives contentieuses internationales has been released and is online.
It contains seven articles related to the consolidation of cross-border litigation. These articles form the first part of the proceedings of a conference held in Toulouse in November 2025. The second part will be published in Volume 7. Volume 6 also includes two further articles, one on the law applicable to air transport and one of theclassification, and three short notes (focus).
Here is the list of papers, along with their abstracts.