We do not usually report on uniform law, but Japan was one of the few major trading powers which had not acceded to the CISG.
The report of the United Nations Information Service is here.
Is the UK next?
Wednesday, October 8, 2008
The third issue of French Revue Critique de Droit International privé for 2008 will be released shortly. It will include four articles, all relating to conflict issues.
In the first article, Charalambos Pamboukis, who is a professor at the university of Athens, Greece, explores the renewal and metamorphosis of recognition as a method to address conflicts problems (La renaissance-métamorphose [...]
Wednesday, October 1, 2008
Which court has jurisdiction to prevent the end of the world? Any, one would think: after all, the end of the world is likely to have serious consequences pretty much everywhere.
Is that why an American retired radiation safety officer and a Spanish science writer decided to initiate proceedings in Hawaï to stop the running of the new [...]
Monday, September 29, 2008
I reported earlier on the entry into force of the 2000 Hague Convention on the International Protection of Adults.
An interesting issue is the application of the Convention in England and Wales. The United Kingdom ratified the Convention, but only for Scotland. However, in the English Mental Capacity Act 2005, it is provided that the Convention [...]
Thursday, September 25, 2008
The second issue of the French Revue Critique de Droit International Privé was released some time ago. It contains one article and several case commentaries. A table of contents can be found here.
The title of the article is the Forum of Necessity (Le for de nécessité : tableau comparatif et évolutif). It discusses this head [...]
Tuesday, September 23, 2008
In an article forthcoming in the French Revue de l’arbitrage, Horatia Muir Watt (Paris I University) explores further the economics of adjudication and wonders what the implications of the lead taken by international arbitration are for the governance of the global economy.
The article is in French. Its title is Economie de la justice et arbitrage [...]
Saturday, September 20, 2008
The Hague Conference on Private International Law reports that the Hague Convention of 13 January 2000 on the International Protection of Adults will enter into force on January 1st, 2009.
This is because a third country, France, has ratified the Convention on September 18th, 2008. There are thus three countries which ratified the Convention: France, Germany [...]
Monday, September 8, 2008
Le Monde has reported this week that the French Ministry of Finance has accepted to recognize a Dutch same-sex marriage for tax purposes.
According to the article, the two Dutch men had married in Leyden in 2002. They then moved to France, probably in 2004. In 2005, they tried to file a tax return in common, [...]
Thursday, September 4, 2008
The third issue of French Journal du Droit International (also known as Clunet) was just released. It contains two articles dealing with conflict issues.
In the first, Pierre Berlioz, who lectures at Paris I (Panthéon-Sorbonne) University, seeks to define the notion of provision of services for the purpose of article 5-1 b) of the Brussels I [...]
Roger Alford at Opinio juris has an interesting post on a recent American case where an American court declined jurisdiction based on forum non conveniens, but found out during the appeal that the foreign court had itself declined jurisdiction. As a consequence, the alternative available forum had disappeared, and it seemed like the American court [...]
Are French courts willing to review arbitral awards on the ground that arbitrators violated European antitrust laws? As a matter of principle, French courts are extremely reluctant to review arbitral awards on the merits. In theory, an exception remains when the award violates French international public policy, but actual instances where French courts have found [...]
Four Iraqis who were detained in Abu Ghraib have sued U.S. military contractors before American courts. The cases were filed on June 30, 2008, in federal courts of Maryland, Ohio, Michigan and Washington state, where individual contractors reside. The plaintiffs are represented by law firms in Philadelphia and Detroit and by the Centre for Constitutional [...]
Yesterday, the U.S. Supreme Court delivered its decision in Exxon v. Baker. The central issue of the case was whether an award of punitive damages of US$ 2.5 billion (as reduced by the lower courts from an initial award of US$ 5 billion) was excessive as a matter of maritime common law. The Court held [...]
The first issue of 2008’s Revue Critique de Droit International Privé has just been released. It contains three articles, but only one dealing with a conflict issue per se, the public law exception within the Brussels I Regulation after the Lechouritou case (”Les actes jure imperii et le Règlement Bruxelles I - A propos de [...]
This interesting book on Conflict of Laws and Economic Regulation gathers the contributions of the speakers to a conference held in Paris a year ago. It is edited by three French scholars, Mathias Audit, Horatia Muir Watt (who was our Guest Editor last month) and Etienne Pataut, who all teach in Paris.
Here is how the [...]
Matteo M. Winkler, an Italian scholar and practising lawyer in Milan, has recently published an article on the Eurofood case in the Berkeley Journal of International Law: From Whipped Cream to Multibillion Euro Financial Collapse: The European Regulation on Transnational Insolvency in Action.
The author has kindly provided the following abstract:
Determining the most competent court for [...]
A law suit was filed in New York on June 3rd to challenge the decision of New York Governor to recognize same-sex unions.
It is argued that the Legislature was the sole branch of government which could have made such decision, and that the Governor, who is the executive power of the state of New York, [...]
On April 1st 2008, a first instance court of Lille (Northern France) set aside a marriage because the wife had concealed to her husband that she was not a virgin.
The husband found out on July 8th, 2006, that is the night of the wedding. Contrary to what she had told him, the wife was not [...]
The New York Times reports that the Governor of the State of New York has directed all New York state agencies to revise all statutes and regulations of the State so that same sex unions or marriages can be recognized in New York “as any other legally performed union”.
The NY Times further reports that, interestingly [...]
The Yearbook of Private International Law for 2007 will soon be out. Its main focus is on the Rome II Regulation, with the following articles:
Gerhard Hohloch:
Place of Injury, Habitual Residence, Closer Connections and Substantive Scope – the Basic Principles
Th.M. De Boer:
Party Autonomy and its Limitations in the Rome II Regulation
Peter Huber / Martin Illmer:
International Product [...]
