Interpretation of the jurisdictional prerequisites in EU civil and commercial matters in the process of practical application of the Brussels I Regulation in the light of the CJEU jurisprudence

The possession of national jurisdiction by the court is a condition sine qua non for the possibility to resolve the case. Its lack results in the invalidity of the proceedings in accordance with the disposition of Article 1099 § 2 of the Code of Civil Procedure. After the amendments in 1997 and the doctrine’s acceptance of the division of domestic jurisdiction into jurisdiction in the international legal sense and international jurisdiction, these institutions are no longer included in the concept of a court path. At present, admissibility of a court path and international jurisdiction are treated as two separate procedural institutions which, on their own, constitute prerequisites for proceedings. Do EU cases differ in this respect from cases without a cross-border element? Is the interpretation of EU law different from the traditional interpretation in domestic cases? Should a purpose-oriented interpretation prevail? The author attempts to answer these and other questions in this text.

Recognition and Enforcement of Chinese Monetary Judgments in Australia based on Chinese Citizenship

The Australian common law does not require reciprocity for recognizing and enforcing foreign judgments. Therefore, although Chinese courts have never recognized and enforced an Australian monetary judgment, Australian courts have recognized and enforced Chinese judgments. Thus far, there have been two Chinese judgments recognized and enforced in Australia (both in the State of Victoria). In both cases, the Australian judges considered whether the Chinese courts had international jurisdiction based on the defendants’ citizenship/nationality. This article seeks to discuss the two cases.

Mimosmluvní závazkové poměry s mezinárodním prvkem z pohledu české autonomní úpravy

Private International Law is nowadays, to a large extent, regulated by European and international law and the scope of the application of autonomous national law is therefore limited. However, in case of non-contractual obligations with cross-border elements, this scope is still relatively broad, as certain matters are excluded from the regulation on the European and international level. The aim of this article is to analyze the regulation of non-contractual obligations with cross-border elements under the Czech Act on Private International law, namely its regulation of international jurisdiction, applicable law, and the recognition and enforcement of foreign judgements.

From a ‘Marginal Problem’ to the ‘Supreme International Jurisdiction’

The first of two chapters to explore the theme protection, chapter 4 records the range of conflicting attitudes displayed by Jacob Robinson and Shabtai Rosenne towards the Genocide Convention during its drafting, with regard to and following its ratification, and at the International Court of Justice advisory proceedings on the question of reservations to the Convention. The chapter describes their early disinterest in and indifference towards the Genocide Convention as a ‘marginal problem’ on the United Nations agenda, but also the circumstances under which they came to acknowledge and appropriate the Convention’s Jewish paternity, exploit the opportunities it presented while, in private, recording their hostility towards Raphael Lemkin, its progenitor, as well as their derision of the Convention’s promise to protect Jewish existence.

Ensuring the Defendant's Right to Defense in the Case Dealt with in Defendant's Absence as a Universal Standard of Justice

When the case is brought before the international criminal court (a tribunal), a court of universal international jurisdiction, the defendant is granted the right to defense. One of its components includes safeguarding of the right to participate in the criminal proceedings initiated against him. In practice, it may be difficult to ensure this safeguard. Thus, even if the accused is properly informed of the case initiated against him, he may ignore the proceedings or refuse to participate in the trial. There may be difficulties in enforcing a restraining measure related to isolation from the society, including cases when the accused is located in a State different from the State of the forum. Even during the proceedings, the accused can be removed from the courtroom for the violation of order, contempt of the court or insulting a participant in the proceedings. Judicial proceedings in the absence of an accused person in international and national law are not treated separately as a special and separate form of proceedings, but rather as a routine procedure with a number of exceptions. The refusal to allocate as an independent proceeding the trial in the absence of the defendant is based on the narrowness of foundations for its use and practice that does not accept the absence of the defendant in criminal proceedings. In these cases, the problem of a fair trial arises in the absence of the person being prosecuted but with respect to his or her rights.

Los acuerdos de elección de foro en los contratos internacionales de consumo Su eficacia en la Ley N° 19.496

This study is divided into two parts. The first part analyzes the rationale for choice of court agreements, the roles they play in international contracts, and the difficulties arising when recognizing them in agreements between parties with unequal bargaining power, specifically in international consumer contracts. The second part analyses the national rules of international jurisdiction applicable to these contracts. Bearing this in mind, first, the current state of the discussion about their validity in Chile is explained; then the effect in this discussion of applying the provisions of Law No. 19.496 - on consumer rights protection (LPDC by its Spanish acronym), is studied. The international interpretation of the rules of jurisdiction set forth by this law, and the control it provides over abusive terms in consumer contracts are studied as possible solutions to stablish the validity of these contracts. The foregoing, in order to seek a solution that harmonizes, both, the purposes of international consumer protection and to recognize the international nature of their consumer relationship, which allows to consider these contracts as valid if some specific requirements are met.