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Book Review: The UN Guiding Principles on Business & Human Rights

This book review was written by Begüm Kilimcioglu, PhD researcher, Research Groups Law & Development and Personal Rights & Property Rights, University of Antwerp

Barnali Choudbury, The UN Guiding Principles on Business & Human Rights- A Commentary, Edward Elgar Publishing, 2023

The endorsement of the United Nations Guiding Principles (UNGPs) in 2011 represents a milestone for business and human rights as the principles successfully achieved to put the duties of different actors involved in (possible) human rights abuses on the international agenda. The UNGPs provide a non-binding yet authoritative framework for a three-pillared scheme to identify and contextualize the responsibilities with regard to business and human rights: the State’s responsibility to protect, businesses’ responsibility to respect, and facilitating access to remedy. However, although the impact of the principles can be described as ground-breaking, they have also been criticized for their vague and generic language which provides for a leeway for certain actors to circumvent their responsibilities (see Andreas Rasche & Sandra Waddock, Surya Deva, Florian Wettstein).Therefore, it is important to determine and clarify the content of the principles to increase their efficiency and effectiveness. In this light, this commentary on the UNGPs which examines all the principles one-by-one through the inputs of various prominent scholars, academics, experts and practitioners is indeed a reference guide to when working on corporate social responsibility.

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The Visible College of International Lawyers and the HCCH 2019 Judgments Convention – Conference in Bonn

The HCCH 2019 Judgments Convention has been the subject of an ever-growing body of academic research and discussion ever since it was signed; but due to the pandemic, almost all of it had to happen in writing. Just in time for its entry into force, though, and thus perfectly timed, the first international conference on the HCCH 2019 Judgments Convention Cornerstones – Prospects – Outlook took place a week ago at the University of Bonn, hosted by Matthias Weller together with Moritz Brinkmann and Nina Dethloff, in cooperation with the Permanent Bureau of the HCCH, and with the support of the German Federal Ministry of Justice.

The conference brought together much of the aforementioned discussion between a range of academics, practitioners and policymakers, including the contributors to the book of the same title, edited by Matthias Weller, João Ribeiro-Bidaoui, Moritz Brinkmann, and Nina Dethloff, for which the conference doubled as a launch event. It accordingly followed the same structure, organized into seven panels overall that were split into three larger blocks.

The first of those (“Cornerstones”) focused on some of the core concepts underpinning the Convention. Wolfgang Hau (LMU Munich) discussed the meaning of ‘judgments’, ‘recognition’, and ‘enforcement’; Pietro Franzina (Catholic University of Milan) focused on the jurisdictional filters (with an emphasis on contractual obligations, i.e. Art. 5(1)(g)); and Marcos Dotta Salgueiro (University of the Republic of Montevideo) discussed the grounds for refusal. After some lively discussion, the block continued with papers on the Convention’s much-discussed Art. 29 (Cristina Mariottini (Luxembourg)) and on its interplay with the 2005 Choice of Court Convention (Paul Beaumont (University of Stirling)).

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Review of Choice of Law in International Commercial Contracts

While doing research on a choice of law article, I found it necessary to consult a book generally co-edited by Professors Daniel Girsberger, Thomas Graziano, Jan Neels on Choice of Law in International Commercial Contracts (‘Girsberger et al’). The book was officially published on 22 March 2021. I began reading sections of the book related to tacit choice of law sometime in December 2022 and found the work truly global and compelling. At the beginning of June this year, I decided to read the whole book and finished reading it today. It is 1376 pages long!

To cut the whole story short, the book is the bible on choice of law in international commercial contracts. It covers over 60 countries, including regional and supranational bodies’ rules on choice of law. Professor Symoen Symeonides had previously written a single authored award winning book on Codifying Choice of Law Around the World, but that work did not cover as much as Girsberger et al’s book in terms of the number of countries,  and regional and supranational instruments (or principles) covered.

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News

Call for Papers: The Role of Judicial Actors in Shaping Private International Law. A Comparative Perspective

On the occasion of the 150th anniversary of the Swiss Federal Tribunal, the Swiss Institute of Comparative Law (SICD) is pleased to announce its 35th Conference on Private International Law, to be held on 19–20 November 2025 in Lausanne.

The conference addresses how courts, lawyers, and litigants have shaped—and how they continue to shape—private international law. Special emphasis will be placed on how legal practice drives the development of private international law at both the national and supranational levels. Judges, through landmark rulings, have clarified conflicts of laws rules, set precedents on the recognition of foreign judgments, and adapted legal frameworks to globalization and digital commerce. Lawyers, by crafting novel arguments, have influenced judicial reasoning and contributed to evolving legal doctrines. Finally, strategic litigation, led by litigants and advocacy groups, has driven major jurisprudential shifts, particularly in fundamental rights, corporate liability, and cross-border regulation. The conference will analyse these actors’ distinct but interconnected roles in shaping contemporary private international law.

We invite scholars (both established and early-career researchers), legal practitioners, and policymakers to submit papers addressing these issues.

Possible topics include:

  • The role of national and supranational courts in shaping private international law
  • The impact of key judicial decisions on cross-border legal relationships
  • The influence of legal practitioners in driving jurisprudential change
  • Strategic litigation as a tool for legal evolution in private international law
  • Comparative approaches to judicial reasoning in international private law cases
  • Judicial responses to global challenges such as migration, digital commerce, corporate responsibility, and human rights protection

Paper Submission
Please submit an abstract (up to 500 words) of your proposed paper by 11 May 2025 to Ms. Marie-Laure Lauria (marie-laure.lauria@isdc-dfjp.unil.ch), with the subject line “ISDC 35th PIL Conference Submission“. Abstracts may be submitted in English, German, or French.

All submissions will undergo a double-blind peer review and decisions will be communicated by 3 June 2025. Accepted papers will be considered for publication in an edited volume or a special journal issue.

Organization
The conference will be hosted by the Swiss Institute of Comparative Law.

Funding
The Swiss Institute of Comparative Law will provide funding for the travel costs and accommodation of all presenters.

Crossroads in Private International Law Seminar Series, University of Aberdeen

In April, the Aberdeen Centre for Private International Law and Transnational Governance will be relaunching its Crossroads in Private International Law research seminar series. It will feature both online and hybrid events.

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Out Now: Dominelli, Regolamento Bruxelles I bis e US jurisdiction in personam

Stefano Dominelli (Università di Genova) has just published a book titled Regolamento Bruxelles I bis e US jurisdiction in personam: riflessioni e proposte su condivisioni valoriali, influenze e osmosi di metodi with Editoriale Scientifica. The book is written in Italian but also features conclusions in English.

The author has kindly shared the following summary with us:

The book analyses the basic principles of the EU’ and US international civil procedure in contract and tort law. The investigation shows how both systems are partly inconsistent with their respective premises – of legal certainty, on the one hand, and fairness and justice, on the other. The juxtaposition of the dogmatic approaches and their contextualisation in the light of the law in action makes it possible to reconstruct a common and shared principle which shapes solutions in both systems – that of the necessary existence of a minimum connection between the jurisdiction and the case. This conclusion opens up, to a limited extent, to a conceptual rapprochement between legal systems and to reflections on possible legal transplants that respect the characteristics of the local legal culture.

The whole book is available open access under this link.

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