Views
Amendment of Chinese Civil Procedure Law Concerning Foreign Affairs
by Du Tao*/Xie Keshi
On September 1, 2023, the fifth session of the Standing Committee of the 14th National People’s Congress deliberated and adopted the Decision of the Standing Committee of the National People’s Congress on Amending the Civil Procedure Law of the People’s Republic of China, which will come into force on January 1, 2024. This amendment to the Civil Litigation Law implements the Party Central Committee’s decision and deployment on coordinating domestic rule of law and foreign-related rule of law, strengthening foreign-related rule of law construction, and among the 26 amendments involved, the fourth part of the Special Provisions on Foreign-related civil Procedure is exclusive to 19, which is the first substantive amendment to the foreign-related civil procedure since 1991.
The Inter-American Court of Human Rights: first judgment on international child abduction
Guest post by Janaína Albuquerque, International Lawyer and Mediator
The Inter-American Court of Human Rights (IACtHR) has just published their first ever judgment on an international child abduction case in Córdoba v. Paraguay, which concerns the illicit removal of a child who was habitually resident in Argentina. The applicant and left-behind parent, Mr. Arnaldo Javier Córdoba, claimed that Paraguay violated his human rights by failing to enforce the return order and ensuring the maintenance of contact with his son. At the time of the abduction, the child was about to reach 2 years of age and the taking parent relocated, without the father’s consent, to Paraguay.
Moroccan Supreme Court on the HCCH 1996 Child Protection Convention
Among all Arab and Muslim-majority countries, Morocco stands out as the only State to have ratified seven (7) HCCH Conventions. This number of ratifications, comparable to that of other prominent countries such as United States or Japan, speaks volumes about Morocco’s commitment to being an integral part of the global network of jurisdictions benefiting from the work of the HCCH on the harmonisation of private international and fostering mutual legal cooperation. The decisions of the Moroccan Supreme Court also reflect these efforts as the Court has shown its willingness to oversight the proper application of the HCCH Conventions (on the application of the 1980 HCCH Convention, see here). The Supreme Court Ruling No. 71 of 7 February 2023 briefly commented on here is another notable example related to the application of the 1996 HCCH Child Protection Convention. The case is also particularly interesting because it concerns the establishment of a kafala under Moroccan law for the purpose of relocating the child in another Contracting State (France in casu).
News
Virtual Early-Career Conference: ‘Global Harm, Local Justice | The Future of Cross-Border Torts’ (University of Groningen, 6 Feb 2026)
We are delighted to share the Call for Papers for a virtual early-career conference on ‘Global Harm, Local Justice | The Future of Cross-Border Torts’, hosted by K.C. (Kirsten) Henckel and M.A.S. (Martin) Bulla from the University of Groningen on 6 February 2026.
Abstracts of 300–500 words must be submitted by 1 December 2025.
Second Issue of the Chinese Journal of Transnational Law for 2025
The second issue of the Chinese Journal of Transnational Law for 2025 was just published. It contains a special issue on “Private International Law and Sustainable Development in Asia” with Ralf Michaels, Verónica Ruiz Abou-Nigm, Hans van Loon as guest editors. It builds on The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law.
Ralf Michaels, Verónica Ruiz Abou-Nigm, Hans van Loon, “Private International Law and Sustainable Development in Asia”
Since the publication of ‘The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law’ in 2021, the importance of private international law for sustainable development is increasingly being recognised. The article describes the background to that project and surveys its subsequent reception and further development in scholarly literature. Moreover, it traces the need for, and trend towards, regionalization of the relevant research, including in Latin America, Africa and Asia-Pacific. It can thus serve as introduction to the special issue on private international law and sustainable development in Asia.
The Chinese Foreign Relations Law (‘the FRL’) – a collection of rules legalizing China’s foreign policies – was enacted in 2023. While technically a set of policy goals and public law rules, it provides an opportunity to orient Chinese private international law (‘PIL’) towards sustainable development. Notably, the FRL connects Chinese PIL with sustainable development for the first time and revisits the conceptions of what is being understood as ‘domestic’ versus ‘foreign’, and ‘public’ versus ‘private’. This article explores how PIL can leverage this shift to accommodate sustainability as a normative value, foster positive interactions with foreign laws and courts, and develop a robust and tailored regulatory function. By doing so, Chinese PIL, as a form of foreign relations law, can expand its function beyond conflict resolution and develop a role in China’s foreign policy and global sustainability governance.
Ke Mu, “The Role of State-Owned Enterprises in the Pursuit of the Sustainable Development Goals”
In this paper, I argue that the civil registration and its distance from the private international law (PIL) pose peculiar challenges for achieving the goal of ‘Providing Legal Identity for All’ among the Asian intra-regional circular migrants. Civil registration of personal and family status combines public administration with private law. More public registration of personal status means more involvement of local public order and interest. Therefore, registration regulations are less attentive than PIL to the potential foreign-related legal situations. Hence, will greater public involvement in registration raise a conflict between the defence of ordre public and individuals’ aspirations to maintain their personal status? The territorial limits of administrative act have so far foreclosed the possibility of transnational civil registration. When it comes to the identity that does not fit into the domestic categories, questions arise whether and how to recognize them in the domestic legal system. This poses special burdens and additional costs for intra-regional circular migrants if their legal identity cannot be well defined and recognized in the several jurisdictions concerned, which is essentially contrary to the presumed erga omnes effect of individuals’ identity rights.
Despite the growing incidence of child abduction facilitated by the mobility and prevalence of non-resident marriages involving Indian and Nepalese citizens with foreign nationals, both India and Nepal have refrained from acceding to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Indian executive has vocally supported criticisms against the Abduction Convention, advocating for the inclusion of domestic violence as a basis for exception under the Abduction Convention and proposed domestic legislation. In contrast, the official position of Nepal remains undisclosed, with recent case law offering limited insight into its engagement with the Abduction Convention. Against this backdrop, the article scrutinizes the recognition of gender perspectives in statutory provisions and case law in India and Nepal concerning international child abduction. It should be noted that Sustainable Development Goal (SDG) 5, which calls for the elimination of all forms of violence against women and girls in the public and private spheres – including trafficking, sexual and other types of exploitation – also includes addressing domestic violence in family spheres. This article, therefore, considers the inclusion of gender considerations within the realm of child abduction as a core consideration in the attainment of SDG 5.
Second Issue of the Journal of Private International Law for 2025
The third issue of the Journal of Private International Law was published today. It contains the following articles
Andrew Tettenborn, “English conflicts law at sea – the transfer and creation of proprietary interests in ships”
Surprisingly, the law applicable to the creation and transfer of proprietary interests in ships remains remarkably obscure as a matter of the English conflict of laws. In this article an attempt is made to investigate the relevant authorities and to reconcile them. The conclusion is that, subject to exceptions, English courts will recognise transfers if they are effective under any one or more of (1) the lex situs, (2) the law of the registry and (3) (in the case of equitable interests) English law.
Gerard McCormack, “Hands up for UK joining the Hague Judgments Convention 2019 but lukewarm on the UK returning to the Lugano Convention 2007”
This article considers the relative merits of the Hague Judgments Convention 2019 and the Lugano Convention 2007 for the UK in the post-Brexit era viewed primarily from the extent of the insolvency exceptions in both Conventions (and in the Hague Choice of Court Convention 2005) as they apply to UK schemes of arrangement and UK restructuring plans for companies. The article briefly takes account of some broader issues relating to arbitration and exclusive choice of court agreements, primarily through the lens of The Prestige litigation, before reaching a conclusion in favour of the UK having become a Party to the Hague Judgments Convention 2019 in 2025 and against the UK rejoining the Lugano Convention 2007.
Guangjian Tu and Tiezheng Yang., “The doctrine of public policy in Chinese courts’ choice of law in the modern age”
It is generally agreed that in private international law the doctrine of public policy plays a fundamentally important role in the application of foreign law and can work as a safety valve. This doctrine has also been reflected in Chinese legislation as in many other jurisdictions. However, the application of this doctrine in Chinese courts is inconsistent, which could not only lead to uncertainty but also jeopardise justice. This article examines how the doctrine of public policy has been applied in choice of law in Chinese courts since 2010 when the new Chinese choice of law codification was made. It finds that there are basically four main types of cases in which Chinese courts have applied the doctrine of public policy to exclude the application of foreign laws. After detailed analysis and reflection, it is suggested that this doctrine continue to be applied for some of those cases but not for others.
Katja Karjalainen, “Acquiring a child abroad and paths to parenthood in Finland: The difference between private adoptions and international surrogacy arrangements”
The article delves into issues of legal tourism and global justice. By referencing the Hague Adoption Convention as well as Finnish legal approaches and case law with respect to the confirmation of a child-parent relationship following private intercountry adoptions and international surrogacy arrangements (ISAs), the article elaborates on the problematics of recognition. Doubts with respect to ethical and commercial aspects of arrangements and the deprivation of rights of vulnerable individuals have been presented with respect to both cases. The article shows the paradox between the legal approaches in these two cases that both entail an independent endeavour to get a child abroad. In doing so, the article underlines how the regulatory framework built up by the Hague Adoption Convention for the area of intercountry adoptions creates more space for global justice and collective interests than non-regulation, but may, in some cases, be detrimental to individual rights and interests. Non-regulation of ISAs underlines individual rights and interests and at the same time erodes domestic legal norms.The article delves into issues of legal tourism and global justice. By referencing the Hague Adoption Convention as well as Finnish legal approaches and case law with respect to the confirmation of a child-parent relationship following private intercountry adoptions and international surrogacy arrangements (ISAs), the article elaborates on the problematics of recognition. Doubts with respect to ethical and commercial aspects of arrangements and the deprivation of rights of vulnerable individuals have been presented with respect to both cases. The article shows the paradox between the legal approaches in these two cases that both entail an independent endeavour to get a child abroad. In doing so, the article underlines how the regulatory framework built up by the Hague Adoption Convention for the area of intercountry adoptions creates more space for global justice and collective interests than non-regulation, but may, in some cases, be detrimental to individual rights and interests. Non-regulation of ISAs underlines individual rights and interests and at the same time erodes domestic legal norms.
Maria Hook, “Are “extraterritorial” consumer laws anti-internationalist?”
This article asks whether extraterritorial consumer laws, defined as laws that create a risk of regulatory overlap, are anti-internationalist. Drawing on New Zealand law as a case study, the article argues that extraterritorial consumer laws may recognise intersecting but legitimate regulatory interests. If the plaintiff gets to choose the law, indirectly or directly, there is an appropriate process for identifying the applicable law based on the principle of favor laesi. In this sense, extraterritorial consumer laws do not just give effect to local interests, to be balanced with competing internationalist concerns. Rather, they themselves may reflect an internationalist approach to private international law, even if the approach is not universally adopted. The article then explores potential implications of this argument for the court’s analysis of the applicable law and jurisdiction. Courts may be more willing to embrace an extraterritorial interpretation of consumer laws, and to lean into the plaintiff’s ability to rely on foreign law despite local law also being applicable in principle (as has happened in New Zealand). Courts may also treat the plaintiff’s choice of forum with deference when they decide whether to exercise jurisdiction on the basis of the doctrine of forum (non) conveniens.
Aleksandrs Fillers, “Venue in the Brussels Ia Regulation”
Anybody who has even superficial knowledge of EU private international law has heard about its cornerstone – the Brussels Ia Regulation. Typically, the major issue when dealing with the said regulation is to determine which Member State can hear the dispute. However, the Brussels Ia Regulation has a second layer. In addition to rules of international jurisdiction, the Regulation, as interpreted by the CJEU, contains venue rules that determine which specific court can hear a case. This issue is far less known to courts and practitioners and often glossed over by scholars. The article aims to provide a comprehensive study of venue rules in the Brussels Ia Regulation.