Tag Archive for: journal

Perspectives Contentieuses Internationales (PCI), Volume 4

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by Fabienne Jault-Seseke

Volume 4 of the Revue Perspectives Contentieuses Internationales (PCI) has been published. Available in open access here.

logo PCI

It includes a special feature on ‘the International Commercial Chamber of the Paris Court of Appeal’ edited by Sandrine Clavel and Daniel Barlow. This feature provides an insight into the history of the chamber, its specific characteristics, its place in the European market for justice, and how it operates. It also includes a presentation of its case law in private international law by Marie-Elodie Ancel and François Mailhé. Case law in arbitration is the subject of three articles by Malik Laazouzi.

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New Journal: Perspectives contentieuses internationales (PCI)

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The following announcement was kindly shared with us by Fabienne Jault-Seseke

Created with the support of LexisNexis, the Review Perspectives contentieuses internationales (PCI) is a biannual academic journal dedicated to the globalization of international litigation in both its public and private aspects. Each issue features a thematic dossier, complemented by several articles outside the main topic (Varia), as well as brief focus pieces addressing current events relevant to political or regulatory developments impacting international disputes (Focus).

The editorial committee, which ensures the scientific and operational direction of the Review, is composed of Sandrine Clavel, Patrick Jacob, and Fabienne Jault-Seseke (professors at Université Paris-Saclay, UVSQ).

Three issues have already been published and are available open access.

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ZEuP – Zeitschrift für Europäisches Privatrecht 4/2024

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A new issue of ZEuP – Zeitschrift für Europäisches Privatrecht is now available and includes contributions on EU private law, comparative law and legal history, legal unification, private international law, and individual European private law regimes. The full table of content can be accessed here.

The following contributions might be of particular interest for the readers of this blog: Read more

ZEuP – Zeitschrift für Europäisches Privatrecht 3/2024

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Issue 3/2024 of ZEuP – Zeitschrift für Europäisches Privatrecht has just been published. It includes contributions on EU private law, comparative law, legal history, uniform law, and private international law. The full table of content can be accessed here.

The following contributions might be of particular interest for the readers of this blog:

  • Die Europäisierung des internationalen Erwachsenenschutzes
    Jan von Hein on the proposal for a regulation on the international protection of adults: On 31.5.2023, the European Commission presented a proposal for a regulation on the international protection of adults. This proposal is closely intertwined with the Hague Convention on the international protection of adults. Therefore, the proposed regulation shall be accompanied by a Council decision authorising Member States to become or remain parties to the Hague Convention. The following contribution analyses the proposed regulation and its relationship with the Hague Convention.
  • Justizgrundrechte im Schiedsverfahren? – Pechstein und die Folgen fu?r die Handelsschiedsgerichtsbarkeit
    Gerhard Wagner and Oguzhan Samanci on human rights and commercial arbitration: Does the ECHR and the German constitution require public hearings in arbitral proceedings, provided that one of the parties had the power to impose the arbitration agreement on the other through a contract of adhesion? This article analyzes the potential implications that the Pechstein decision of the Federal Constitutional Court and ist precursor in the jurisprudence of the ECHR may have for commercial arbitration. The focus is on arbitration clauses in general business terms and in contracts with undertakings that occupy a dominant position in a specific market. The conclusion is that, despite the broad formula employed by the Federal Constitutional Court, the right to a public hearing should remain limited to sports arbitration.
  • Die Auslegung von EuGH-Entscheidungen – ein Blick aus der Gerichtspraxis
    David Ullenboom on the interpretation of CJEU decisions: This article examines the question whether a European methodology is needed to interpret judgments of the CJEU for judicial practice. It argues that judgments of the CJEU need to be interpreted in the same way as legal provisions and are therefore subject to a grammatical, systematic, genetic and teleological interpretation in order to determine their meaning for future legal cases.
  • Schweizerisches Bundesgericht, 8 June 2023, 5A_391/2021
    Tanja Domej     discusses a decision of the Swiss Federal Tribunal on the recognition of the deletion of a gender registration under German law.

Revue Critique de droit international privé – issue 2023/4

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Cover RCDIP 4/2023Written by Hadrien Pauchard (assistant researcher at Sciences Po Law School)

The fourth issue of the Revue critique de droit International privé of 2023 (available here) was released online some time ago. It features two articles and several case notes. The non-French speaker will be pleased to find that, for the first time, the articles have been made available in English on the editor’s website (for registered users and institutions).

By opening new horizons beyond French private international law, the doctrinal part of the volume sheds light on the role played by conflict of laws in a legal anthropology.

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ZEuP – Zeitschrift für Europäisches Privatrecht 2/2024

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Issue 2/2024 of ZEuP – Zeitschrift für Europäisches Privatrecht has just been published. It includes contributions on EU private law, comparative law, legal history, uniform law, and private international law. The full table of content can be accessed here.

The following contributions might be of particular interest for the readers of this blog:

  • Auf dem Weg zu einer europäischen Abstammungsverordnung? – Licht und Schatten im Vorschlag der Europäischen Kommission
    Editorial by Christine Budzikiewicz on the Commission Proposal for a EU Regulation on Parenthood and the Creation of a European Certificate of Parenthood
  • Europäischer Emissionsrechtehandel – Eine Momentaufnahme nach der Reform durch das „Fit for 55“-Paket
    Sebastian Steuer on European emissions trading: Carbon pricing according to the “cap and trade” principle plays a key role in European climate policy. As part of the “Fit for 55” package, the Emissions Trading Directive has, once again, undergone comprehensive revisions and has been substantially toughened in certain respects. This article gives a basic overview of the current state of European emissions trading after the recent changes. It explores the chief components of the Emissions Trading Directive, highlights the economic differences between quantity- and price-based regulation, and discusses the interplay of the EU emissions trading system with international and German climate policy.
  • Microplastics Litigation: eine rechtsvergleichende Orientierung
    Stephanie Nitsch on Microplastics Litigation: The present paper provides a comparative law analysis of liability for microplastics pollution with a special focus on product liability as well as liability due to deliberate or negligent breaches of statutory duties or duties of care.
  • Bundesgerichtshof, 18 April 2023, II ZR 184/21
    Susanne Zwirlein-Forschner     discusses a decision of the German Federal Court of Justice on the law applicable to liability due to economically destructive actions and to the assignment of claims.