Views
Colonialism and German PIL (3) – Imagined Hierachies
This post is part of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. See the introduction here.
As mentioned in the introduction, this series does not intent to automatically pass judgment on a norm or method influenced by colonialism as inherently negative. Instead, the aim is to reveal these influences and to initiate a first engagement with and awareness of this topic and to stimulate a discussion and reflection.
The first post (after the introduction) dealt with classic PIL and colonialism and already sparked a vivid discussion in the comments section. This second considered structures and values inherent in German or European law, implicitly resonating within the PIL and, thus, expanding those values to people and cases from other parts of the world. The third category discusses an imagined hierarchy between the Global North and Global South that is sometimes inherent in private international law thinking, for instances where courts or legislators abstractly or paternalistically apply the public policy to “protect” individuals from foreign legal norms. This is especially evident in areas like underage marriages and unilateral divorce practices found inter alia in Islamic law.
US Ninth Circuit rules in favor of Spain in a decades-long case concerning a painting looted by the Nazis
This interesting case comment has been kindly provided to the blog by Nicolás Zambrana-Tévar, LLM, PhD, KIMEP University
The United States Court of Appeals for the Ninth Circuit has found in favor of Spain as defendant in a property case spanning several decades. A panel of three judges has unanimously ruled that, applying California conflict of law rules, Spain has a stronger interest than the claimants in the application of its own domestic law, including its own rules on prescriptive acquisition of property and the statute of limitations, thus confirming the ownership of a stolen painting, now owned by a Spanish museum.
Colonialism and German PIL (2) – German and European Structures and Values
This post is part of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. See the introduction
News
PIL conference in Ljubljana, 18 September 2025
University of Ljubljana is organising Private International Law Conference with sessions in Slovenian and English. The conference, which will take place in Ljubljana (Slovenia) on 18 September 2025, will gather reknown academics and practitioners who will address current topics in European and international PIL.
The programme is available by clicking here: PIL-Ljubljana2025 and for more infromation you are welcome to contact the organisers at: ipp.pf@pf.uni-lj.si.
Registration Open Soon: The Hague Academy of International Law’s Winter Courses 2026
Recently, the Hague Academy of International Law published the 2026 programme of its renowned Winter Courses in International Law (12-30 January 2026). Unlike the Summer Courses, this program presents lectures on both Public and Private International Law and therefore provides for a particularly holistic academic experience. Once again, the Academy has spared no effort in inviting legal scholars from around the world to The Hague, including speakers from countries as diverse as Argentina, Belgium, China, France, Japan, the United Kingdom, and the United States, offering its audience a truly global perspective on the topic. Read more
1st Issue of Journal of Private International Law for 2025
The first issue of the Journal of Private International Law for 2025 was published today. It contains the following articles:
Pietro Franzina, Cristina González Beilfuss, Jan von Hein, Katja Karjalainen & Thalia Kruger, “Cross-border protection of adults: what could the EU do better?†”
On 31 May 2023 the European Commission published two proposals on the protection of adults. The first proposal is for a Council Decision to authorise Member States to become or remain parties to the Hague Adults Convention “in the interest of the European Union.” The second is a proposal for a Regulation of the European Parliament and the Council which would supplement (and depart from, in some respects) the Convention’s rules. The aim of the proposals is to ensure that the protection of adults is maintained in cross-border cases, and that their right to individual autonomy, including the freedom to make their own choices as regards their person and property is respected when they move from one State to another or, more generally, when their interests are at stake in two or more jurisdictions. This paper analyses these EU proposals, in particular as regards the Regulation, and suggests potential improvements.