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Judicial Application of the 1980 HCCH Convention in Morocco
The question of the accession (or reluctance to accede) of Muslim countries to the 1980 HCCH Convention has attracted the interest of scholars from Muslim countries and abroad. Scholars who have addressed this issue have come to different (sometimes contradictory) conclusions, especially when it comes to the influence of classical Islamic rules and principles on the attitudes and policies of Muslim states. Unfortunately, it is not uncommon that the available studies on this subject do not take into account the actual judicial practice of Muslim jurisdictions and focus more on the (theoretical) compatibility (or not) of Islamic rules and principles underlying the 1980 HCCH Convention. This post briefly presents some decisions dealing with the issue of cross-border child abduction under the 1980 HCCH Convention in a Muslim state, Morocco, but without going into too much into details or assessment, as this deserves to be done properly in a dedicated article.
Overview of the 2023 Amendments to Chinese Civil Procedure Law
Written by NIE Yuxin, Wuhan University Institute of International Law
1. Background
China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. Since then, it had undergone four revisions in 2007, 2012, 2017, and 2021. However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. The latest amendments to the Civil Procedure Law in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions. Notably, 19 changes deal with the special provisions on cross-border procedures.
China Adopts Restrictive Theory of Foreign State Immunity
Written by Bill Dodge, the John D. Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law.
On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here). When the law enters into force on January 1, 2024, China will join those countries—a clear majority—that have adopted the restrictive theory of foreign state immunity. For the law of state immunity, this move is particularly significant because China had been the most important adherent to the rival, absolute theory of foreign state immunity.
In two prior posts (here and here), I discussed a draft of the FSIL (English translation here). In this post I analyze the final version of the law, noting some of its key provision and identifying changes from the draft, some of which address issues that I had identified. I also explain why analysts who see China’s new law as a form of “Wolf Warrior Diplomacy” are mistaken. Contrary to some suggestions, the FSIL will not allow China to sue the United States over U.S. export controls on computer chips or potential restrictions on Tiktok. Rather, the FSIL is properly viewed as a step towards joining the international community on an important question of international law. Read more
News
Defending Access to Justice: The Crucial Battle for the IJI
Published on behalf of the IJI, Den Haag
In the heart of The Hague, a critical institution of international legal knowledge faces an existential threat. The International Juridical Institute (IJI) (translated in English to mean the Hague Institute for Private International Law), a venerable organization with a century-long history of providing essential legal guidance, stands on the brink of liquidation due to declining government support.
Founded in 1918 at the iconic Peace Palace, the IJI emerged as a unique global resource. Born in the aftermath of World War I, the institute was conceived as a “gift to the world” noble vision supported by leading businessmen, ministers, and statesmen. The IJI has been a beacon of legal expertise for over a hundred years, offering free and cost-effective advice in the complex realm of private international law. The institute’s current predicament is a stark testament to the fragility of specialized legal resources. Successive government cuts, culminating in eliminating the social advocacy subsidy scheme in 2019, have systematically undermined the IJI’s financial stability. What makes this situation particularly alarming is not just the potential loss of an institution but the broader implications for access to justice.
The IJI is not merely an archive of legal knowledge; it is a critical resource for individuals navigating complex international legal challenges. Many of these cases involve vulnerable populations, including children, who rely on expert guidance to traverse intricate cross-border legal landscapes.
Ironically, the government’s cost-cutting measures may ultimately prove counterproductive. The reduction in funded legal aid is likely to generate more protracted and expensive legal proceedings, potentially negating any initial savings.
The IJI is making a final, humble appeal: a modest annual subsidy of €260,000 to continue its vital work. This relatively small investment could ensure another century of legal expertise and maintain critical access to justice for countless individuals.
How You Can Help
The legal community and concerned citizens have a unique opportunity to make a difference:
- Sign the Petition: Visit the IJI petition page and add your name to support the institute’s continued existence.If you would like to support this cause, we would like to add your signature to the grant application. You can click on the next link: https://petities.nl/petitions/behoud-de-toegang-tot-het-recht-voor-iedereen?locale=de. This leads you to a website where you can sign very easily by giving your name (on the field ‘naam’), email address (on the field ‘emailadres’) and domicile (on the field ‘woonplaats’). You could also tick the box if you want your name visible on the list, if not, you remain anonymous. Please note that after signing, you will receive an email in which you are asked to confirm your signature by clicking on the provided link. Only after confirming, the signature will be registered.
- Spread Awareness: Share the IJI’s story within your professional networks and social circles.
- Contribute Ideas: Of course, we are also open to other ideas that can ensure that our wonderful institute can experience a second 100-year term. If you would like to exchange thoughts with us about this, please do send us an email to info@iji.nl and we will get in touch.
The potential loss of the IJI represents more than the closure of an institution. It symbolizes a potential erosion of specialized legal knowledge, international cooperation, and accessible justice.
As members of the legal community, we have a responsibility to support institutions that serve the broader public good. The IJI’s century of service is a testament to the power of dedicated legal expertise in bridging complex international legal challenges.
Together, we can help ensure that this invaluable resource continues to serve global legal needs for generations to come.
Thank you very much for your support!
Virtual Workshop (in English) on April 1: Carlos Esplugues on “Take Domestic Law and Run? The Application of Foreign (Private? State?) Law in Times of Uncertainty”
On Tuesday, April 1, 2025, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Professor Carlos Esplugues (University of Valencia) will speak, in English, about the topic
“Take Domestic Law and Run? The Application of Foreign (Private? State?) Law in Times of Uncertainty”
The possible application of foreign law is one of the features of contemporary private international law, a discipline that is particularly sensitive to the social, political and economic environment in which it operates. However, the redefinition of the role of the State in modern societies, technological changes or the growing wave of intolerance and fear towards what comes from abroad in many parts of the world are creating a new environment that affects this question in a pluralistic way. Beyond the classical issue of the nature of the applicable law and its relationship to the process, questions are being raised about the viability of this possible applicability and the conditions under which it can be established.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
AMEDIP’s upcoming webinar: Circular Economy and Private International Law (27 March 2025 – In Spanish)
The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 27 March 2025 at 14:30 (Mexico City time – CST), 21:30 (CET time). The topic of the webinar is ‘Circular Economy and Private International Law’ and will be presented by Prof. Verónica Ruiz Abou-Nigm (in Spanish).