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Just released: Volume 24 of the Judges’ Newsletter on International Child Protection
Written by Frédéric Breger, Legal Officer at the Permanent Bureau of the Hague Conference on Private International Law (HCCH)
Volume 24 of the Judges’ Newsletter, the HCCH publication on international child protection, is now available on the HCCH website! This Volume features a Special Focus on “Urgent Measures of Protection” as provided for under Article 11 of the HCCH 1996 Child Protection Convention. Article 11 gives jurisdiction to the authorities of a Contracting Party where the child is found present – albeit not habitually resident – to take measures of protection for that child in cases of urgency. You will find in particular contributions from judges on case law rendered under Article 11 of the 1996 HCCH Child Protection Convention in various jurisdictions. This Volume is available in English only at the moment; the French version will be published in due course.
The HCCH news item is available here.
33rd Annual Survey of American Choice-of-Law Cases
The Annual Survey of American Choice-of-Law Cases for 2019, now in its 33rd year, has been posted on SSRN. A summary of the contents is reproduced below. If you are interested in the Survey, you can download it here
Here is the abstract:
This is the Thirty-Third Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws. It is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States. Its purpose remains the same as it has been in the previous 32 years: to inform, rather than to advocate.
This Survey covers cases decided by American state and federal appellate courts during 2019 and posted on Westlaw by December 31, 2019. Of the 1,404 appellate cases that meet these parameters, the Survey focuses on those cases that may contribute something new to the development or understanding of conflicts law—and in particular choice of law.
The Survey proceeds in four parts. The first describes fourteen cases decided by the United States Supreme Court. The second part discusses judgments delineating the reach of federal law in cases with foreign elements (extraterritoriality). The third part focuses on the choice-of-law part of conflicts law, in both interstate and international cases. The fourth part deals with the recognition of sister state and foreign country judgments, as well as domestic and international arbitral awards.
New Articles on Private International Law From Professor Ronald Brand
Professor Ronald A. Brand of the University of Pittsburgh School of Law has posted three new articles with private international law content:
This chapter was prepared from a presentation given by the author at the 2019 Summer School in Transnational Commercial Law & Technology, jointly sponsored by the University of Verona School of Law and the Center for International Legal Education (CILE) of the University of Pittsburgh School of Law. The paper reviews the domestic and international progress of online dispute resolution with a particular focus on the negotiations that led to the 2017 UNCITRAL Technical Notes on Online Dispute Resolution
Of Magnets and Centrifuges: The US and EU Federal Systems and Private International Law
This chapter is part of a tribute to Professor Alberta Sbragia upon her retirement at the University of Pittsburgh, and considers federal systems in the United States and the European Union as viewed through the lens of private international law. While some may be hesitant to refer to the European Union as a “federal” system, when viewed in the context of private international law, the author presents the EU system is both more centralized and more predictably developed than is its counterpart in the United States. By tracing his personal experience over 25 years at the Hague Conference on Private International Law, the author reviews the developments which have led to centralization of private international law within the European Union, considers how the federal system in each of the United States and the European Union has influenced this area of the law, and draws conclusions about how each has used its own federal approach in this area of the law to influence global development of the law.
This article will be published as part of a special issue of the Netherlands International Law Review dedicated to the 2019 HCCH Judgments Convention. The article begins with the context in which a Hague Convention on Jurisdiction and the Recognition and Enforcement of Foreign Judgments was first proposed in 1992. It then traces the history of the Hague negotiations, both from within those negotiations and in regard to important developments outside the negotiations, through the completion of the 2005 Convention on Choice of Court Agreements and the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. The article ends with comments on whether it is advisable to now resume discussion of a separate convention on direct jurisdiction.