Written by Hadrien Pauchard (assistant researcher and doctoral scholar at Sciences Po Regulation College)
The fourth difficulty of the Revue Critique de droit worldwide privé of 2024 will very shortly be launched. It accommodates 4 articles, eight case notes and plenty of e book evaluations. In keeping with the Revue Critique’s current coverage, the doctrinal half will shortly be made out there in English on the editor’s web site (for registered customers and establishments).
Within the first article, Prof. Myriam Hunter-Henin (College Faculty London) delves into La rencontre du droit worldwide privé et du climat : réflexions de méthode au sujet des KlimaSeniorinnen (Non-public worldwide regulation encountering local weather: methodological reflections on KlimaSeniorinnen). Its summary reads as follows:
The article attracts on the European Court docket of Human Rights determination Verein KlimaSeniorinnen Schweiz and others v. Switzerland [GC], no. 53600/20, to replicate on the interplay between human rights reasoning and personal worldwide regulation strategies. It argues that an expansionist interpretation of human rights needn’t quantity to their imperialist enforcement or to an undemocratic encroachment upon the area of the chief or legislature. Removed from threatening to take over the self-discipline of personal worldwide regulation, human rights reasoning, as displayed within the current case, would possibly usefully encourage non-public worldwide regulation jurists to a renewed openness in direction of the opposite.
Within the second article, Prof. David Sindres (Université d’Angers) asks Faut-il admettre la radiation d’un pourvoi en cassation en cas d’inexécution d’une décision d’exequatur ? (Ought to a cassation enchantment be struck out within the occasion of non-enforcement of an exequatur determination?). This procedural query provides the creator a chance to deploy thought-provoking concerns of authorized concept, that are introduced as follows:
Below article 1009-1 of the French Code of Civil Process, an enchantment in cassation lodged by a celebration who fails to justify having complied with the challenged determination shall, with restricted exceptions, be struck off the roll. But, the Cour de cassation tends to reject purposes to strike out, for non-execution, cassation appeals lodged towards exequatur choices, on the bottom that article 1009-1 of the French Code of Civil Process requires, for its software, {that a} cassation enchantment is filed towards an enforceable judgment, which isn’t the case when the judgment whose non- execution is invoked is an exequatur determination. Seemingly flawless, the present answer nonetheless yields curious penalties in apply: specifically, it implies that the get together lodging a cassation enchantment towards an exequatur determination doesn’t, beforehand, must implement something, although the exequatur is meant to confer enforceability in France on the international determination. The aim of this text is subsequently to reexamine the relevance of the present answer adopted by the Cour de cassation, by contemplating the concept that it’s not the international determination or the arbitral award that must be enforced in France, however somewhat the exequatur determination itself.
Within the third article, Prof. Dominique Bureau (Université Paris-Panthéon-Assas) evaluations L’article 14 du Code civil entre continuité(s) et changement (Article 14 of the French Civil code between continuity and alter). The contribution clarifies the present “future” of this well-known provision, whereas shedding mild on a serious jurisprudential shift. Its summary reads as follows:
Handed down by 4 completely different chambers of the Court docket of Cassation, 4 current judgments illustrate an vital sequence of case regulation in issues of worldwide jurisdiction, relating to Article 14 of the French Civil Code, which establishes the jurisdiction of French courts when the plaintiff is of French nationality. Particularly, the Court docket of Cassation determined in a judgment of June 12, 2024 that Article 14 of the French Civil Code was not relevant in insolvency issues. Thus, a French creditor can not provoke collective proceedings in France towards a debtor who has nearly no reference to France. This answer may have a major impression on French litigation on this space.
Lastly, within the final article, Prof. Horatia Muir Watt (Sciences Po) navigates the maze of La restitution internationale d’œuvres d’artwork spoliées (The worldwide restitution of looted artwork). The piece discusses the Cassirer v. Thyssen – Bornemisza Assortment Basis saga, illustrating the limitation of any battle of legal guidelines methodology when confronted with objects that blur the boundaries between conventional authorized classes. Its summary reads as follows:
What’s the authorized regime for the worldwide restitution of a murals, the article of plunder (on this case by the Nazi regime) and found greater than half a century later by the unique proprietor’s successor in title, displayed within the assortment of a serious museum? It’s the destiny of a powerful portray by Camille Pissaro, Rue St. Honoré, après midi, effet de pluie (1897), which gives right here, if not a passable reply, no less than a chance to replicate on varied ethical and political enigmas that lie beneath the authorized method of personal worldwide regulation, in one in every of its most complicated instantiations. If these result in the query of the accountability of intermediaries, and therefore the banality of the evil that may be at work within the workings of the artwork market, the trail additionally serves right here to sketch out different controversies on the destiny of cultural property looted in various contexts, whether or not colonial, post-colonial or war-related, and therefore on the notion of artwork, tradition and our understandings of the tortuous course of historical past.
The complete desk of contents can be out there right here.
Earlier problems with the Revue Critique (from 2010 to 2022) can be found on Cairn.
