image_pdfimage_print

Views

Same-sex relationships concluded abroad in Namibia – Between (Limited) Judicial Recognition and Legislative Rejection

There is no doubt that the issue of same-sex marriage is highly controversial. This is true for both liberal and conservative societies, especially when the same-sex union to be formed involves parties from different countries. Liberal societies may be tempted to open up access to same-sex marriage to all, especially when their citizens are involved and regardless of whether the same-sex marriage is permitted under the personal law of the other foreign party. For conservative societies, the challenge is even greater, as local authorities may have to decide whether or not to recognise same-sex marriages contracted abroad (in particular when their nationals are involved). The issue becomes even more complicated in countries where domestic law is hostile to, or even criminalises, same-sex relationships.

Read more

Cassirer on Remand: Considering the Laws of Other Interested States

This post is by Carlos Manuel Vázquez, a professor of law at Georgetown Law School. It is cross-posted at Transnational Litigation Blog.

Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II.  After a reversal and remand from the U.S. Supreme Court last summer, the case is now before the Ninth Circuit for decision of the legal question that is likely to be decisive:  which law governs?

The district court and the court of appeals have so far framed the issue as a binary choice: the governing law on the merits is either that of Spain or that of California.   I suggest here that the issue is better framed as a choice between the law of Spain, on the one hand, and the laws of all the other states or countries with connections to the dispute, on the other.  (Disclosure: I submitted expert declarations in support of the plaintiffs on issues of public international law during earlier phases of this case.)

The U.S. Court of Appeals for the Ninth Circuit has affirmed the district court’s holding that, under the law of Spain, the plaintiff loses because the museum acquired title to the painting through adverse possession (otherwise known as acquisitive prescription).  It is equally clear that, under the law of California, the plaintiff would prevail because California does not recognize the acquisition of title to moveable property through adverse possession.  What has so far not featured prominently in the courts’ analyses of the choice-of-law issue is that the plaintiff would also prevail under the laws of all the other jurisdictions that have relevant connections to the dispute.  Under governmental interest analysis, this should be central to the analysis. Read more

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Very recently, Indonesian private international law has attracted significant scholarship in the English language.[1] Dr Penasthika’s monograph (‘the monograph’)[2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia. My review attempts to capture the methodology, summarise the contents, and give a verdict on the quality of this monograph.

Read more

News

Happy New Year from ConflictofLaws.net (now also on Bluesky)!

The editors of ConflictofLaws.net would like to wish you a year filled with happiness, health, and success, academically and otherwise.

2024 has been another great year for the blog, with close to one new post per day (bringing us to more than 5,500 posts in total) and record numbers of readers and subscribers. Our content, just like our readership, reflects the global scope of the blog, with popular posts including Saloni Khanderia & Shubh Jaiswal’s article on the application of the lex fori ‘by default’ in Indian courts, Mayela Celis’ note on Smith & Wesson v Mexico, Orji A Uka & Damilola Alabi’s contribution on service under Nigerian law, Yasmín Aguada & Laura Martina Jeifetz two-part piece on international judicial cooperation and technology in private international law, and Tobias Lutzi’s comment on the CJEU’s decision in Real Madrid.

In addition to our e-mail newsletter (which continues to be surprisingly popular), you can subscribe to our blog on LinkedIn, Twitter/X, and – from this year on – Bluesky.

The FAMIMOVE project ends today – A summary of its achievements

Today (31-December 2024), FAMIMOVE 2.0. is coming to an end after having accomplished all of its goals and created a solid network of experts. The project’s full name is Families on the Move: The Coordination between international family law and migration law and is an international project co-funded by the European Commission under the JUST-2022-JCOO program. For more information, click here.

The project aimed to improve the protection of migrant children and families by bringing actual practice more in line with EU goals and values, such as the protection of fundamental rights and best interests of the child. It sought to provide more effectiveness to EU objectives through a better coordination of instruments in overlapping fields, such as Regulations in private international law in family law matters and migration law rules.

Read more

Out now: Issue 4/2024 of RabelsZ

The last issue of RabelsZ 2024 has just been released. It contains the following contributions (which are all available Open Access: CC BY 4.0):

Holger Fleischer & Simon Horn, Unternehmensskandale und skandalgetriebene Regulierung: Die Stavisky-Affäre als Prüfstein (Corporate Scandals and Scandal-Driven Regulation: The Stavisky Affair as Touchstone), pp. 648–693, https://doi.org/10.1628/rabelsz-2024-0062 Read more