Views
Nothing Found
Sorry, no posts matched your criteria
News
New publications on the Hague Conference (HCCH) and the Global Horizon of Private International Law
Former Secretary General of the Hague Conference on Private International Law (HCCH), Hans van Loon, has just published an article on the HCCH and a Chinese translation of his inaugural lecture on the global horizon of private international law delivered at the 2015 Session of the Hague Academy:
– Hans van Loon, “At the Cross-roads of Public and Private International Law – The Hague Conference on Private International Law and Its Work”, in Collected Courses of the Xiamen Academy of International Law, Vol. 11, pp. 1-65, (Chia-Jui Cheng, ed.), Brill/Nijhoff, 2017 (available via Brill).
Contents:
- Role and Mission of the Hague Conference on Private International Law
- Origin and Development of the Hague Conference
- The impact of Contemporary Globalisation
- Hague Conventions Promoting Global Trade, Investment and Finance
- Hague Conventions Promoting Administrative and Judicial Cooperation
- Hague Conventions Promoting Personal Security and Protecting Families in Cross Border Situations
- Outlook – (Potential) Significance of the Hague Conference and Its work for the Asia-Pacific Region.
– Chinese translation (by Prof. Zhang Meirong and Prof. Wu Yong) of Hans van Loon’s Inaugural Lecture, “The Global Horizon of Private International Law” given at the 2015 Session of the Hague Academy of International Law, Recueil des Cours, Vol. 380, in Chinese Review of International Law 2017, vol. 6, pp. 2-52, vol. 6), for more information see http://www.guojifayanjiu.org/.
Excerpt of table of contents:
Chapter I. The development of private international law against the backdrop of the evolving nation-State
- A. Origins and early development of private international law
- B. Birth of the Hague Conference on private international law
- C. Establishment of the Hague Conference as an international organization – early innovations
- D. Globalization – its effects on the nation-State
Chapter II. The impact of globalization on the development of private international law
- A. Rising profile, proliferation of sources, new approaches
- B. Commerce and trade: party autonomy within limits
- C. Families and children: direct transnational institutional co-operation and interaction with human rights
Chapter III. Global challenges for private international law on the horizon
- A. People on the move
- B. Environment and climate change
Some general conclusions
Japan adopts effects doctrine in antitrust law
For a long time, Japan refused to extend application of its antitrust laws to foreign cartels, even those with an impact on the Japanese market. Following a 1990 Study Group Report recommending adoption of the effects doctrine, the Japanese Fair Trade Commission has increasingly applied Japanese antitrust law extraterritorially, as Marek Martyniszyn reports in a helpful recent article. Now the Japanese Supreme Court has upheld a series of judgments from the Tokyo High Court, thereby effectively adopting the effects doctrine. The doctrine appears to go very far: according to the report, the cartel had reached its price-fixing agreement in Southeast Asia, and affected products had been purchased by Southeast Asian units and subcontractors rather than the Japanese companies themselves.
An earlier article, including more detailed comment on the decision by the Tokyo High Court is Tadashi Shiraishi, Customer Location and the International Reach of National Competition Laws, (2016) 59 Japanese Yearbook of International Law, 202-215 (published 2017) (SSRN). The author of the article was involved in the litigation.
Save the Date: Second German Conference for Young PIL Scholars “Private International Law between Tradition and Innovation” on 4/5 April 2019
By Stephan Walter, Research Fellow at the Research Center for Transnational Commercial Dispute Resolution (TCDR), EBS Law School, Wiesbaden, Germany.
In light of the success of the first German conference for young PIL scholars, held in April 2017 in Bonn (see the recent announcement of the conference volume as well as the conference report), we would like to continue the academic and personal exchange with a second conference. It will take place on 4 and 5 April 2019 at the University of Würzburg (Germany). The key note will be given by Professor Jürgen Basedow (emeritus director at the Max Planck Institute for Comparative and International Private Law). Read more