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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.

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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.

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News

CoL.net Virtual Roundtable on the Commission’s Rome II Report

ConflictofLaws.net will be hosting an ad-hoc virtual roundtable on the Commission’s Rome II Report

on 11 March 2025, 12pm–1.30pm (CET).

The conversation will focus on the long-awaited report published by the Commission on 31 January 2025 and its implications for a possible future reform of the Regulation.

The event will feature the following panellists:

Rui Dias
University of Coimbra

Thomas Kadner Graziano
University of Geneva

Xandra Kramer
Erasmus University Rotterdam

Eva Lein
University of Lausanne &
British Institute of International and Comparative Law

Tobias Lutzi
University of Augsburg

Everyone interested is warmly invited to join via this Zoom link.

Registration open: Australasian Association of Private International Law inaugural conference, Brisbane, Australia, 16-17 April 2025

Registration is now open for the inaugural conference of the Australasian Association of Private International Law, to be held at the Ship Inn conference centre at Southbank, Brisbane from 16-17 April 2025.

The program features panels on

• Private International Law and Technology;
• Anti-suit and Anti-enforcement Injunctions;
• Private International Law and Climate Change; and
• Prenuptial Agreements.

Attendance at conference sessions can be used for CPD; check local requirements.

Conference fees

Reduced fees apply to members of AAPrIL. You can join the Association at https://aapril.org/membership/

Member (2 days) $110
Member (1 day) $60

Non-member (2 days) $150
Non-member (1 day) $80

Student: Free to attend the conference only.

Conference dinner: $110 for a three course meal and a selection of drinks

Register here

Aboute AAPrIL

The Australasian Association of Private International Law (AAPrIL) is a group of people committed to furthering the understanding of private international law in Australia, New Zealand and the Pacific region.

AAPrIL was founded in 2024 by private international lawyers from Australia and New Zealand who have known one another for years through engaging with the discipline of private international law, including through conferences of the Journal of Private International Law, meetings of the Hague Conference on Private International Law, and numerous other academic activities. The inuagural AAPrIL President is Professor Mary Keyes. The Hon Andrew Bell, Chief Justice of New South Wales.

Bi-Annual Conference of the Wissenschaftliche Vereinigung für internationales Verfahrensrecht (27–29 March, Münster)

The German Wissenschaftliche Vereinigung für internationales Verfahrensrecht, an association of German-speaking academics working on questions of international civil procedure law, will be holding its bi-annual conference at the University of Münster on 27–29 March 2025. The event is only open to members of the association.

The full programme can be found here; registration is possible here.