Category Archives: Conflict of Laws
Stefano Dominelli, ‘Torts in outer space: conflict of laws perspectives’
ABSTRACT Human activities in outer space impose a reflection on the structural inadequacy of current connecting factors, such as the lex loci damni, which may not properly operate when all events are localised in areas (rather than a territory) not subject to the sovereignty of a State. By integrating space law principles and interests in […]
Bálint Kovács, ‘Europeanisation of private international law: Balancing national traditions and EU rules’
ABSTRACT The reviewed monograph provides a thorough examination of Hungarian private international law, set against the backdrop of EU private international law developments, and their application by the Hungarian judiciary. The book begins with a historical overview of Hungarian private international law, culminating in the 2017 recodification under the Act on Private International Law (APIL). […]
Bianca Scraback, ‘The international element requirement for consumer contract jurisdiction in the Brussels Ia Regulation’
ABSTRACT Whether or not local jurisdiction in consumer contract cases is regulated in the EU by the Brussels Ia Regulation or domestic rules on jurisdiction hinges on the existence of a relevant international element. Even determining the relevance of international elements using a rules-based approach and despite two decisions of the CJEU, the paper argues […]
Thomas Pfeiffer, ‘Civil Climate Change Litigation Between Law and Politics Limited Scope Rather Than Unlimited Interpretation’
ABSTRACT The article aims to identify the limits of European law and the challenges of conflict of laws that arise in relation to civil climate change litigation. The legal dispute pending in the Netherlands between Vereniging Milieudefensie and Shell and the global order initially issued by the Rechtbank Den Haag requiring CO₂ reduction play a […]
Symeon Symeonides, ‘Private International Law Bibliography 2025: US and Foreign Sources in English’
ABSTRACT This is the twentieth annual bibliography of private international law compiled by the undersigned as a service to fellow teachers and students of this subject. It includes 74 books and 366 journal articles that appeared in print in 2025. The term ‘private international law’ is used here in the broadest and arguably expanded sense. […]
‘Conflict of Laws as Pedagogy’
Susanne Lilian Gössl, ‘“Mirin” and Beyond – Gender Identity, Domestic Private International Law, and Human Rights in the EU’, International Journal of Law, Policy and the Family, available at SSRN (20 May 2025). Fights over gender identity have preoccupied American politicians in recent years. The dialogue surrounding these issues has not always been civil and […]
Ellias and Lalafaryan, ‘The Global Law of Debt’
ABSTRACT Corporate debt financing and the restructuring of large corporations are now governed by what this Article calls the ‘global law of debt’, a transnational system shaped more by law firms, investment banks, and investors in New York and London than by national laws or court decisions. Large companies can now optimize governing law on […]
Dilek, Skauradszun and Omlor, ‘A New Private International Law for Digital Assets’
ABSTRACT The increasing popularity of digital assets presents significant challenges for private international law, as fundamental conflict of laws rules concerning proprietary issues are often absent. This article outlines a possible approach to a technologically neutral and function based conflict of laws framework. Taking existing instruments into account, it examines in particular the role of […]
‘(Informed) Consent to Dispute Resolution Agreements’: Special issue of the German Law Journal
Party Autonomy Then and Now (Symeon C Symeonides) Consent and Dispute Resolution Clauses (Nancy S Kim) Reflexive Contract Law: Party Autonomy and the Constitutional Right to a Remedy (Gralf-Peter Calliess) Policing Consumer Contract Terms under US and EU Law: A Comparative Analysis of the Directive 93/13/EEC on Unfair Terms in Consumer Contracts and the Restatement […]
Franziska Arnold-Dwyer, ‘PRICL and English Reinsurance Contract Law’
ABSTRACT The idea of a harmonised reinsurance law is nearly a century old, but was resurrected a decade ago at the instigation of representatives from the reinsurance industry. The Principles of Reinsurance Contract Law (‘PRICL’) were produced by a group of international reinsurance law experts in cooperation with the International Institute for the Unification of […]