Revue Critique de droit international privé – issue 2023/4

Written by Hadrien Pauchard (assistant researcher at Sciences Po Regulation Faculty)

The fourth problem of the Revue critique de droit Worldwide privé of 2023 (out there right here) was launched on-line a while in the past. It options two articles and a number of other case notes. The non-French speaker shall be happy to search out that, for the primary time, the articles have been made out there in English on the editor’s web site (for registered customers and establishments).

By opening new horizons past French non-public worldwide legislation, the doctrinal a part of the quantity sheds mild on the function performed by battle of legal guidelines in a authorized anthropology.

The primary article authored by Dr. El Hadji Samba Ndiaye (Université de Cheikh Anta Diop de Dakar) is devoted to La double nationalité des Africains subsahariens et les conflits de lois en matière de statut personnel (Twin nationality of sub-Saharan Africans and conflicts of legislation in issues of private standing). Its summary reads as follows:

The precept of priority of the nationality of the discussion board has an plain basis in African non-public worldwide legislation. Thankfully, nevertheless, it doesn’t converge with the dynamics of migration of Africans in direction of the West and the up to date diasporic realities. Twin nationality turning into an increasing number of a actuality in sub-Saharan Africa, it’s pressing to evaluation the remedy it receives within the subject of conflicts of legal guidelines in issues of private standing when the African courts are the topic of direct referral to the proportion of twin Africans nationals who obtained a naturalization decree throughout their keep within the West. Making the most of the singularities shared between the battle cell and the constructive battle of nationalities, this evaluation suggests making use of to African twin nationals the legislation of their secondarily acquired nationality corrected, if doable, by the exception of twin nationality.

Within the second article, Pr. Sabine Corneloup (Université Paris Panthéon-Assas) discusses L’appréhension des mariages d’enfants célébrés à l’étranger. Droit worldwide privé et droits fondamentaux (Participating with youngster marriages celebrated overseas. Personal worldwide legislation and basic rights). The summary reads as follows:

Whereas the combat towards youngster marriages is a broadly shared worldwide goal, the selection of the easiest way to take care of such marriages, after they have been validly celebrated overseas, is a extremely complicated and controversial problem. On 1st February 2023, the German Federal Constitutional Court docket declared that article 13, paragraph 3, 1° of the EGBGB, regarding marriages of minors below the age of 16 celebrated overseas, was opposite to the liberty to marry assured by the Fundamental Regulation of 1949. Adopted towards a tense political backdrop, the supply stemmed from a 2017 legislation aimed particularly at combating youngster marriages. Its radical penalty – automated nullity with none particular evaluation of the scenario of the spouses and with none substitute regime – attracted quite a lot of criticism in Germany. The choice invitations a extra normal reflection, past German constitutional legislation, on the questions of technique and authorized coverage that the apprehension of those marriages offers rise to in non-public worldwide legislation. The flexibleness of the worldwide public coverage exception is problematic when the wedding has been contracted at a very early age. Public coverage ought to then systematically oppose its validity in France. The advantage of putative marriage, in addition to the opportunity of celebrating the wedding once more when majority has been reached, represent enough ensures to restrict the consequences of nullity within the authorized order of the discussion board.

The difficulty additionally incorporates two case notes associated to main transnational litigations on company accountability. Written by Pr. Horatia Muir Watt (SciencesPo), they supply a essential comparative perspective on the up to date developments and challenges of worth chain disputes. The primary be aware on Amici curiae : alerte à la vigilance ! (Amici curiae: vigilance alert!) scrutinizes the latest choice of the Tribunal judiciaire de Paris concerning the interim measures requested within the Complete-Ouganda case below French legislation on company obligation of care – “loi sur le devoir de vigilance” (TJ Paris, référé, 28 févr. 2023). The second be aware on Fuites de pétrole et fuite du temps: le level de départ de la prescription en cas de faits dommageables plurilocalisés à effets continus (Oil leaks and the passage of time: the start line of the limitation interval for plurilocal information with steady results) then focuses on the judgement of the UK Supreme Court docket of Could tenth, 2023 within the Jalla v Shell ([2023] UKSC 16) case.

The total desk of contents is offered right here.

Earlier problems with the Revue Critique (from 2010 to 2022) can be found on Cairn.