Views
Colonialism and German PIL (4) – Exploiting Asymmetries Between Global North and South
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. 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. The fourth and for the moment last (but not least) category deals with PIL rules that allow or at least contribute to the exploitation of a power asymmetry between parties from the Global North and the Global South. For example, this power and negotiation asymmetry, in conjunction with generous rules on party autonomy, can lead to arbitration and choice of law clauses being (ab)used to effectively undermine rights of land use under traditional tribal law.
After the first post, in the comment section a discussion evolved regarding the (non-)application of tribal law. One question asked for an example. This post can also (hopefully) serve as such an example.
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.
News
XVIII ASADIP Conference – Rio de Janeiro, 7-9 August
Registration has now opened to participate in the XVIII ASADIP Conference – Regional Imaginaries, Global Resonance: Inter-American Private International Law and the World Stage, to be held in the city of Rio de Janeiro, Brazil from 7 to 9 August 2025. This year, ASADIP is organising the Conference in collaboration with the Organisation of American States, on the occasion of the 50th anniversary of the Inter-American Conference on Private International Law and the OAS Course on International Law. Preliminary programme, registration link and further info.
HCCH Monthly Update: April 2025
HCCH Monthly Update: April 2025
Membership
On 10 April 2025, Qatar applied to become a Member of the HCCH. On the same day, the Secretary General of the HCCH opened the six-month voting period during which all current Members of the HCCH may cast their vote on the proposal. Following this voting period, and provided a majority of votes are cast in favour, Qatar will be invited to become a Member by depositing an instrument of acceptance of the Statute of the HCCH. More information is available here.
Meetings & Events
From 2 to 4 April 2025, the conference “15 Years of the HCCH Washington Declaration: Progress and Perspectives on International Family Relocation” was held at the Embassy of Canada in Washington, D.C., United States of America. The conference was jointly organised by the Embassy of Canada, the International Academy of Family Lawyers (IAFL), and the HCCH. More information is available here.
From 7 to 11 April 2025, the Working Group on Parentage / Surrogacy met for the fourth time. Pursuant to its mandate, the Working Group continued its consideration of draft provisions for one new instrument on legal parentage generally, including legal parentage resulting from an international surrogacy agreement. More information is available here.
On 30 April 2025, the seventh meeting of the Working Group established to complete the Country Profile and work on the draft Cooperation Request Recommended Model Form for the 1996 Child Protection Convention was held online, hosted by the Permanent Bureau. More information is available here.
Upcoming Events
The webinar “HCCH 2019 Judgments Convention: Bridging Global Justice” will be held via Zoom on Tuesday 6 May 2025 from 4.00 p.m. to 5.30 p.m. (Hong Kong time), hosted by the HCCH’s Regional Office for Asia and the Pacific. Interested persons should register no later than this Friday, 2 May 2025, at 5.00 p.m. (Hong Kong time). More information is available here.
These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.
Report from the inaugural conference of the Australasian Association of Private International Law (AAPrIL)
On 16 and 17 April 2025, the Australasian Association of Private International Law (AAPrIL) held its inaugural conference in Brisbane, Australia. Hosted by Griffith University—the home of AAPrIL President Mary Keyes—the conference featured stimulating panel presentations from speakers from around Australia and abroad.
The conference started with a panel on jurisdiction and judgments, chaired by Richard Garnett of Melbourne Law School. Reid Mortensen of USQ kicked things off with a presentation on Australia’s cross-vesting scheme. Priskila Penasthika of the Universitas Indonesia then spoke on ‘The Indonesian Language Contract Requirements versus Arbitration as a Choice of Forum’. Read more