Conflict of Laws

JUNE 29, 2023

Freitag: More Freedom of Choice in Private International Law on the Name of a Person! The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedural laws ( Justizkonflikt) between the United States and Germany.

Tort 52

Tort Court Laws Procedural Law 52

Conflict of Laws

SEPTEMBER 4, 2023

Nitschmann: The consequences of Brexit on Civil Judicial Cooperation between Germany and the United Kingdom The United Kingdom’s withdrawal from the European Union has far-reaching consequences for international civil procedure law. 57 Austrian Code of Civil Procedure. A reshaping of Art. Pursuant to Art.

Procedural Law 67

Procedural Law Court Legal Legal 67

Conflict of Laws

SEPTEMBER 14, 2023

For the law of state immunity, this move is particularly significant because China had been the most important adherent to the rival, absolute theory of foreign state immunity. In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). This provision also follows the U.N. but not to “rulings.”

Drafting 48

Drafting Court Laws Government 48

Conflict of Laws

APRIL 27, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. In December 2022, Chinese lawmakers published a draft law on foreign state immunity , an English translation of which is now available. These provisions generally follow the U.N. Convention.

Drafting 52

Drafting Laws Court Litigation 52

Conflict of Laws

SEPTEMBER 28, 2022

Update of 28 September 2022: New entries are printed bold. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Explanatory Reports.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Update of 31 August 2022: New entries are printed bold. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Explanatory Reports.

Drafting 40

Drafting Laws Litigation Litigating 40

Patently O

MARCH 17, 2022

Spring 2022 is roaring forward – and this semester is an especially busy one for me. All of this has given me a terrific opportunity to really think about procedure, law, and data. While this paper may not be for all readers, if this is a subject that’s interesting to you, you can read the draft here: [link].

Legal Research 54

Legal Research Drafting Legal Legal 54

Conflict of Laws

APRIL 20, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 20 April 2022: New entries are printed bold. 1 of December 2018 (available here ).

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JUNE 21, 2022

Update of 7 June 2022: New entries are printed bold. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Explanatory Reports.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JANUARY 11, 2022

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Update of 12 January 2022: New entries are printed bold. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022 , planned to be taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Garcimartín Alférez, Francisco; Saumier, Geneviève.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 16 February 2022: New entries are printed bold. Nygh, Peter; Pocar, Fausto.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

MARCH 22, 2022

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well. Unlike the Principles, however, Law No.

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

MAY 17, 2022

American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. The following comments first recall the role of restatements in American law. Bandemer (2021).

Contract 40

Contract Legal Legal Court 40

ClimateChange-ClimateLaw

DECEMBER 12, 2023

Climate litigation in Germany has achieved another major victory. Against this backdrop, the decision of the Higher Administrative Court must also be understood as part of a new wave of climate litigation. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. million tons of CO2 equivalent).

Litigation 142

Litigation Litigating Government Court 142