A German Perspective on the Impact of EU Private International Law on National Succession Law

2021 ◽  
pp. 181-194
Author(s):  
Robert Magnus
Keyword(s):  
International Law ◽  
Private International Law ◽  
The Impact

scholarly journals “Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments

Lex Russica ◽  
2019 ◽  
pp. 84-103
Author(s):  
O. F. Zasemkova
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Draft Convention ◽  
The Usa ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Impact ◽  
The Eu

In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.

scholarly journals The Impact of Brainerd Currie’s Governmental Interest on the Principle of the Closest Connection

Lex Russica ◽  
2020 ◽  
pp. 9-19
Author(s):  
Т. V. Novikova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Matter Field ◽  
Regulation Mechanism ◽  
Private International Law ◽  
The Russian Federation ◽  
Substantive Law ◽  
The Impact ◽  
Law Regulation ◽  
Conflict Of Law

In modern private international law, the principle of the closest connection involves not only the identification of the prevailing territorial connection, but also the consideration of substantive factors (protection of a weaker party, preferability to keep the transaction valid, etc.). The paper substantiates the thesis that, being initially based on the territorial localization of the relationship, the analyzed principle in the course of its development was enhanced with the achievements of others doctrinal approaches to the resolution of the conflict-of-law issue, including the concept of “governmental” or “state” interest developed by American legal scholar Brainerd Currie. A genius breakthrough suggested by B. Currie is examined as an attempt to overcome the mechanical approach of conflict-of-law rules, expand the subject matter field of assessment at the stage of resolving the conflict-o-law issue and, ultimately, evaluate the substantive law result of this decision within the framework of understanding law as a tool for the protection of an individual by the state. Nevertheless, substantive law factors, contrary to one of the main tenets of B. Currie’s teaching, do not replace traditional conflict-of-laws rules at all. To the extent that the conflict-of-law regulation mechanism balances predictability and flexibility of decisions, it complements the search for territorial connection with substantive law considerations. The research makes it possible to conclude that the principle of the closest connection in private international law of the Russian Federation, in the context of global trends in the development of approaches to the resolution of conflict-of-law issues, is complex in nature, as indicated by the explanation of the Plenum of the Supreme Court of the Russian Federation that “when determining the closest connection, the court,” first, establishes ”the prevailing territorial connection” and, second, “may take into account the application of the law of which country will best realize the universally recognized principles of civil law and of its institutions.” As a consequence, it is the combination of territorial and substantive law components in the content of the principle of the closest connection that provides an appropriate balance between predictability and flexibility of the modern mechanism of conflict-of-law regulation.

Part VI Recurrent Issues of Harmonization, 20 The Sphere of Application of a Convention; the Role of the Conflict of Laws; Determining the Connecting Factor; Co-Existence and Conflicts of Instruments

2015 ◽  
Keyword(s):  
International Law ◽  
Past Experience ◽  
Private International Law ◽  
Commercial Law ◽  
Conflict Of Laws ◽  
Key Issues ◽  
Proper Design ◽  
The Impact

This chapter and the next two examine certain key issues which one may describe as the ‘general doctrines’ of transnational commercial law. In particular, the inter-relationship with rules of conflict of laws (private international law), the different function of the ‘connecting factor’ as well as the impact of the choice of a broader or narrower sphere of application are discussed in the light of past experience and current legislative preferences. Moreover, the ever increasing number of transnational commercial law instruments leads inevitably to issues of the proper design of their co-existence and the solution of conflicts: which are the rules determining which instrument shall prevail over others touching upon the same or neighbouring issues?

The HCCH Judgments Convention in Australian Law

2019 ◽  
Vol 47 (3) ◽  
pp. 420-443 ◽  
Author(s):  
Michael Douglas ◽  
Mary Keyes ◽  
Sarah McKibbin ◽  
Reid Mortensen
Keyword(s):  
International Law ◽  
Public Consultation ◽  
Private International Law ◽  
Early Adopter ◽  
Domestic Legislation ◽  
Draft Convention ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Impact

In May 2018, the Hague Conference on Private International Law (‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is expected to take place in 2019 at which this draft ‘Judgments Convention’ will be presented. If a multilateral convention emerges from the Diplomatic Session, Australia is likely to be an early adopter: the Commonwealth Attorney-General’s Department conducted a public consultation on the draft Judgments Convention in 2018. Against that background, this article considers the impact of implementation of the Judgments Convention in Australia. It is argued that domestic legislation that emerges from the Judgments Convention will deliver an overdue refurbishment of the Australian law relating to the recognition and enforcement of foreign judgments. Australia’s adoption of the Judgments Convention ought to be welcomed.

scholarly journals Judicial Jurisdiction over Internet Privacy Violations and the GDPR: a Case of ''Privacy Tourism''?

2017 ◽  
Vol 11 (1) ◽  
pp. 7-38 ◽  
Author(s):  
Ioannis Revolidis
Keyword(s):  
International Law ◽  
Data Protection ◽  
Online Privacy ◽  
Current Status ◽  
Private International Law ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Internet Privacy ◽  
Relationship Of ◽  
The Impact

This paper discusses the impact of art. 79(2) of the General Data Protection Regulation (GDPR) in international litigation over online privacy violations. The first part introduces the tendency of the European legislator to treat private international law problems in the field of data protection as isolated and independent from the traditional secondary private international law acts. The second part analyses the current status quo of international jurisdiction over online privacy violations according to Regulation 1215/2012. After briefly examining the eDate and Martinez ruling (joined cases C-509/09 and C-161/10), it concludes that the Court of Justice of the European Union has stretched the jurisdictional grounds of art. 7(2) Regulation 1215/2012 too far in order to afford strong protection to data subjects. In that sense, it raises doubts on whether art. 79(2) was necessary. Following this conclusion, it tries to explore the uneasy relationship of GDPR art. 79(2) with the jurisdictional regime established under Regulation 1215/2012. Instead of an epilogue, the last part tries to make some reflections on the impact of GDPR art. 79(2) in privacy litigation cases involving non-EU parties.

scholarly journals Wpływ traktatu lizbońskiego na unijne prawo prywatne międzynarodowe

Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 216-227
Author(s):  
Ewa Kamarad
Keyword(s):  
International Law ◽  
Family Law ◽  
International Agreements ◽  
Private International Law ◽  
Legal Basis ◽  
Treaty Of Lisbon ◽  
Legislative Activity ◽  
The Impact ◽  
The Eu

The Impact of the Treaty of Lisbon on the EU Private International LawThe paper deals with private international law after the adoption of the Treaty of Lisbon. In particular, it discusses the legal basis for adopting secondary legislation in this field and the EU competence to conclude international agreements. Next, the EU legislative activity is presented, with particular emphasis on family law, in which enhanced cooperation has already been initiated twice.

Prospects for recodification of private international law in Ukraine: Do conflict-of-laws rules require a new haven?

2021 ◽  
Vol 28 (2) ◽  
pp. 198-210
Author(s):  
Dmytro V. Lukianov ◽  
Thomas Hoffmann ◽  
Inesa A. Shumilo
Keyword(s):  
Public Relations ◽  
International Law ◽  
Private International Law ◽  
Negative Consequences ◽  
New Haven ◽  
Conflict Of Laws ◽  
Cross Border ◽  
European Experience ◽  
The Status ◽  
The Impact

The purpose of the study was to investigate the areas of modernisation of legislation governing private relations of a cross-border nature, proposed by the authors of the draft concept of updating (recodification) of the Civil Code of Ukraine (the CCU), and generalise foreign and international legal experience in developing acts of codification of private international law. The authors of the study considered private international law as a most dynamically developing branch due to the constant expansion of cross-border relations and requirements for constant updating and adaptation to the requirements of international civil turnover. The paper analysed the general factors and prerequisites for the recodification of private international law, comprehensively examined the expediency of abandoning autonomous codification and transferring conflict-of-law rules to the CCU. The study focused on current European experience and assessment of the impact of EU regulations on the national codifications of private international law of member states and third countries. To assess the idea of restoring the status of the CCU as a core act governing all public relations with private law content, the authors of the study addressed the negative consequences of interbranch codification of private international law in a number of post-Soviet countries. The paper proved that European states are dominated by the tendency to adopt consolidated acts of codification in this area and recognise the priority of unified international legal acts governing certain types of cross-border private relations. Based on the analysis, it is justified to conclude that the world has currently accumulated considerable experience in law-making in the area of private international law and the most effective is a comprehensive autonomous codification of conflict-of-laws rules, which is based on the priority of unified international acts and the widespread use of direct references to international agreements. While agreeing in general with the proposed changes regarding the content update of conflict-of-laws regulation, the authors emphasised the need to improve and develop conceptual approaches

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