Category Archives: Conflict of Laws

‘ILA “Kyoto Guidelines on Intellectual Property and Private International Law” published with comments’

“The International Law Association’s Committee on ‘Intellectual Property and Private International Law’ has finished its work with the adoption and publication of the ‘Kyoto Guidelines on Intellectual Property and Private International Law’. The Guidelines are the outcome of an international cooperation of a group of 36 scholars from 19 jurisdictions lasting for ten years under […]

Jeff Rensberger, ‘Choice of Law and Time’

ABSTRACT Choice of law is usually thought of as a problem of law across geography, of how laws apply to persons and events not entirely within a state’s boundaries. But another dimension to the choice of law problem is that of time. In cases wholly domestic to a single state, this temporal issue appears when […]

‘April 12: Jan L Neels on the African Principles of Commercial Private International Law’

“On Monday, 12 April 2021, from 14:00 to 15:00 (CET), the Hamburg Max Planck Institute will host the first presentations in a new monthly ‘Private International Law in Africa’ series, chaired by Justin Monsenepwo, the new head of the Africa desk. Professor Jan L Neels (University of Johannesburg) will be speaking on the topic: ‘An […]

Mary Keyes, ‘Women in Private International Law’

ABSTRACT There has been almost no consideration of the position of women in private international law. There is very little published research applying a feminist analysis to, or even considering the position of women in, private international law. This field gives almost no attention to the particular interests, positions and experiences of women as subjects […]

‘Foreign law illegality and non-contractual claims’

“Since Foster v Driscoll [1929] 1 KB 470, common law courts have recognised that contracts made with the intention to commit a criminal offence in a foreign state are unenforceable, even if the contract contemplated an alternative mode or place of performance. However, recent developments in domestic law illegality have sparked debate on whether foreign […]

Ying Khai Liew, ‘Choice of Law for Cross-Border Trust Disputes in Japan: The Case for Adopting the Hague Trusts Convention’

ABSTRACT This paper argues that cross-border trust disputes cannot adequately be dealt with using the existing choice of law rules in Japan, because pigeonholing trusts within any of those established choice of law categories distorts a proper understanding of trusts law and disappoints the autonomy and legitimate expectations of parties. Ultimately, this paper suggests that […]

Marcus Teo, ‘Foreign Law Illegality: Patel’s New Frontier?’

“As Patel v Mirza [2016] UKSC 42, [2017] AC 467 continues to revolutionise the law on illegality, the question arises whether its range-of-factors test will project its influence over more decidedly ‘foreign’ terrain: foreign law illegality, or illegality under a law other than the lex contractus. Foreign law illegality disputes have typically centred around the […]

‘UKSC Judgment in Okpabi and Others vs Royal Dutch Shell and Another, and Colonial Vestiges’

“The February 2021 Judgment of the UK Supreme Court (UKSC) in Okpabi and Others vs Royal Dutch Shell and Another (Okpabi Case) has been deservingly applauded across the board, even though the Judgment is as of today not more than a procedural triumph for the claimants. From the point of view of access to remedies […]

Masabumi Suzuki, ‘Reflections on International Aspects of the Protection of Trade Secrets’

ABSTRACT While protection of trade secrets has been strengthened across the world, globalization of economic activities and cross-border movements of people have also become more active than before. Under such circumstances, the relationship between acts committed across national borders (including acts that are entirely committed overseas; hereinafter referred to as ‘cross-border acts’) and protection of […]

Ilaria Pretelli, ‘Protecting Digital Platform Users by Means of Private International Law’

ABSTRACT The present article offers perspectives on the possible adaptation of traditional connecting factors to the digital space. It analyses cases that pit platform users against each other and cases that pit platform users against the digital platform itself. For the first set of cases, reliable guidance is offered by the principle of effectiveness. The […]