Views
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
“Quasi” Anti-Suit Injunctions and Public Policy under Brussels Regime
THE CJEU: “QUASI” ANTI-SUIT INJUNCTION JUDGMENTS ARE AGAINST PUBLIC POLICY UNDER BRUSSELS REGIME
This post is written by Mykolas Kirkutis, a lecturer and PhD student of law at Mykolas Romeris University and visiting researcher at Rotterdam Erasmus School of Law, Erasmus University Rotterdam (EU Civil Justice group).
The Court of Justice of European Union (CJEU) on 7 of September 2023 in its newest case Charles Taylor Adjusting Limited, FD v Starlight Shipping Company, Overseas Marine Enterprises Inc. (case No. C?590/21) 2023 rendered a new preliminary ruling related to a non-recognition of “Quasi” anti-suit injunctions’ judgment under public policy ground of Brussels regime. This case is important because of two aspects. Firstly, CJEU clarified the main elements of “Quasi” anti-suit injunctions’ judgments. Secondly, Court stated what impact such judgments have for mutual trust in EU and if it can be safeguarded by public policy ground.
International high-tech surrogacy and legal developments in the Netherlands
This blogpost is an edited version of this blogpost written in Dutch by Stichting IJI (The Hague Institute for private international law and foreign law). We thought it was interesting to also bring it to the attention of the international readership of this blog.
Introduction
In the Netherlands, international high-tech surrogacy is a hot topic, resulting in interesting legal developments. Recently, a Dutch District Court dealt with a case on the recognition of US court decisions on legal parenthood over children born from a high-tech surrogacy trajectory in the US, providing many private international law insights on how to assess such request for recognition. Furthermore, on July 4 a bill was proposed that encloses several private international law provisions. This blogpost briefly highlights both developments.
News
Reminder: CoL.net Virtual Roundtable on the Rome II Report (11 March, 12pm CET)
On Tuesday, 11 March 2025, 12pm CET, ConflictofLaws.net will be hosting an ad-hoc virtual roundtable on the Commission’s Rome II Report.
Everyone interested is warmly invited to join via this Zoom link.
More information can be found here.
HCCH about to establish Regional Office for Africa (ROAF)
As was mentioned before on this blog, increasing the participation of African states in the HCCH appears to be the most promising avenue to strengthen judicial cooperation on the African continent in the context of intracontinental, interregional as well as global judicial integration. Following several unsuccessful attempts to establish a physical presence on the African continent,[1] the HCCH Council on General Affairs and Policy (CGAP) has now warmly welcomed the Kingdom of Morocco’s proposal to host and, perhaps most importantly, entirely fund a HCCH Regional Office for Africa (ROAF) in Rabat.[2] Read more
Out Now: The Latest Issue of the Japanese Yearbook of International Law (Vol. 67, 2024)
The Japanese Yearbook of International Law (JYIL) is a leading reference publication that provides in-depth analysis and commentary on developments in international law from a Japanese perspective.
Published by the International Law Association of Japan since 1957 (originally as the Annual Yearbook of Private International Law until 2007), the JYIL covers a broad spectrum of topics, from public and private international law to comparative law, bringing together insights from top scholars and legal experts in Japan and beyond.
Each issue dives into key legal cases, legislative updates, and emerging trends, making it a must-read for researchers, academics, and professionals looking to stay in the loop on Japan’s legal landscape.
On that note, the latest volume of the JYIL (Vol. 67, 2024) has recently been released. Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law.