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A true game changer and the apex stone of international commercial litigation – the NILR Special Edition on the 2019 HCCH Judgments Convention is now available as final, paginated volume

On 2 July 2019, the Hague Conference on Private International Law (HCCH) adopted the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019 HCCH Judgments Convention). The instrument has already been described as a true game changer and the apex stone in international commercial litigation.

To celebrate the adoption of the 2019 HCCH Judgments Convention, the Netherlands International Law Review (NILR) produced a special edition entirely dedicated to the instrument.

Volume 67(1) of the NILR, which is now available in its final, paginated version, features contributions from authors closely involved in the development of the instruments. The articles provide deep insights into the making, and intended operation, of the instrument. They are a valuable resource for law makers, practitioners, members of the judiciary and academics alike.

New Article: Conflict of Laws and Relational Feminism

Readers of this blog might be interested in Roxana Banu, “A Relational Feminist Approach to Conflict of Laws” (2017) 24 Mich. J. Gender & L. 1.  It can be accessed through SSRN at this location.

The specific context is transnational surrogacy arrangements, but much of the article goes beyond that to other areas of the field more generally.  The article engages with work by several other scholars who write about theories or philosophies of private international law.

The Abstract is below.

New Edition: Canadian Textbook on Conflict of Laws

Irwin Law has published (August 2016) the second edition of Conflict of Laws by Stephen Pitel (Western University) and Nicholas Rafferty (University of Calgary).  This treatise aims to explain and analyze the rules of the conflict of laws in force in common law Canada in a clear and concise manner.  For the second edition, the chapter on jurisdiction has been rewritten in light of the Supreme Court of Canada’s decision in Club Resorts Ltd v Van Breda (2012) and the evolving jurisprudence under the Court Jurisdiction and Proceedings Transfer Act.  In addition, a new chapter on matrimonial property division has been added.  All chapters have been updated to reflect new decisions, legislative changes and recent scholarship.

Canadian Conflict of Laws Articles

Here are some recent articles from Canadian publications:

Janet Walker, “Are National Class Actions Constitutional?  A Reply to Hogg and McKee” (2010) 48 Osgoode Hall LJ 95

Jeffrey Haylock, “The National Class as Extraterritorial Legislation” (2009) 32 Dal LJ 253

Gerald Robertson, “The Law of Domicile: Re Foote Estate” (2010) 48 Alta L Rev 189

Joost Blom, “The Challenge of Jurisdiction: Van Breda v. Village Resorts and Black v. Breeden” (2010) 49 Can Bus LJ 400

Vaughan Black, Joost Blom and Janet Walker, “Current Jurisdictional and Recognitional Issues in the Conflict of Laws” (2011) 50 Can Bus LJ 499

Looking Back and Looking Forward at Canadian Private International Law

At the recent 40th Annual Workshop on Commercial and Consumer Law at the University of Toronto, three leading Canadian conflict of laws scholars – Vaughan Black of the Schulich School of Law, Joost Blom of the University of British Columbia and Janet Walker of Osgoode Hall Law School – presented a paper looking back at the last forty years in private international law and offering thoughts on what lies ahead.  Each author picked out a particular theme: a judicial trend toward uniformity between provincial conflicts rules, the impact of Morguard on the structure of conflicts rules, and how the profile of the field has changed over time.  The paper is not currently available on the web but will be published in an upcoming issue of the Canadian Business Law Journal.

Two New Books

Two new books on private international law have recently been published in Canada.

The first is a new textbook: Stephen G.A. Pitel & Nicholas S. Rafferty, Conflict of Laws (Toronto: Irwin Law Inc., 2010).  Though I say it myself, for those in other countries this book should serve as a useful comparative reference to the Canadian law on the subject.  More information is available here.

The second is the third edition of the Canadian casebook in the area: Nicholas S. Rafferty, general editor, Private International Law in Common Law Canada: Cases, Text, and Materials, 3d ed. (Toronto: Emond Montgomery Publications Limited, 2010).  There are seven contributors to the casebook: Professors Nicholas Rafferty, Joost Blom, Elizabeth Edinger, Genevieve Saumier, Stephen Pitel, Janet Walker and  Catherine Walsh.  More information is available here.

New Book: Foreign Currency Claims in the Conflict of Laws

Hart Publishing has published the second title in its Studies in Private International Law series, Foreign Currency Claims in the Conflict of Laws by Professor Vaughan Black of the Schulich School of Law at Dalhousie University.  More information is available here.

The web page for the book advises us that “This book takes a comparative look at how common law courts have addressed damages claims when foreign currencies are involved, and at statutory responses to that issue. It describes the practices of UK, Commonwealth and American courts in this field and draws both on principles of private international law and of damages assessment to analyse current practice.”

My congratulations to my Canadian colleague.

Round-Up of Canadian Conflicts Publications

Readers of this web site might find some of the following publications to be of interest.  I have tried to gather togther recent work by Canadian conflicts scholars.  Please post a comment if you are aware of another piece.

Vaughan Black & Angela Swan, “Concurrent Judicial Jurisdiction: A Race to the Court House or to Judgment?” (2008) 46 C.B.L.J. 292

Joost Blom, “Concurrent Judicial Jurisdiction and Forum Non Conveniens – What is to be Done?” (2009) 47 C.B.L.J. 166

Wayne Gray & Robert Wisner, “The Russians are Coming, But Can They Enforce their Foreign Arbitral Award?” (2009) 47 C.B.L.J. 244

Jacqueline King & Andrew Valentine, “The Structure of Jurisdictional Analysis” (2008) 34 Adv. Q. 416