Revue Critique de droit international privé – issue 2025/1 – Conflict of Laws

Written by Hadrien Pauchard (assistant researcher and doctoral scholar at Sciences Po Legislation College)

The primary concern of the Revue Critique de droit worldwide privé of 2025 has simply been launched. It gathers six contributions honouring Albert Armin Ehrenzweig and his legacy, in addition to seven case notes and quite a few e book opinions.

The doctrinal a part of the amount is dedicated to the proceedings of the Albert Armin Ehrenzweig Convention organized in June 2024 on the College of Vienna, fifty years after the passing away of the nice creator. The contributions commemorate each the person and the scientist, testifying to the relevance of Albert A. Ehrenzweig’s scholarship to modern non-public worldwide regulation. They’re printed in French within the printed model of the Revue (additionally out there on-line right here), and will probably be out there shortly in English (right here).

The convention opens with Prof. Matthias Lehmann (College of Vienna) private tribute to Albert A Ehrenzweig – A Big of the Battle of Legal guidelines. It remembers the dramatic journey by way of which Professor Ehrenzweig constructed his legacy as a “communicator between totally different cultures”:

With Albert Ehrenzweig, Austria misplaced certainly one of its undoubtably best authorized abilities. However one’s loss was one other’s achieve, that of the US. This straightforward zero sum is value emphasising at a time when the hatred in opposition to migrants is rising but once more on each side of the Atlantic. Ehrenzweig delivered to the US loads of concepts from his native Austria. Amongst them is the summary consideration of authorized issues and the strictly logical strategy to their resolution, which is especially useful in areas akin to conflicts of jurisdiction or conflicts of legal guidelines. He additionally introduced with him an excessive amount of curiosity and information within the space of psychology, which was en vogue in his days in Vienna.

Within the following contribution, Prof. Florian Heindler (Sigmund Freud Privat College, Vienna) displays on two main strains of the dedicatee’s scholarship, specifically the Comparative Methodology and the Integration of Battle of Legislation’s with Jurisdiction. The article is launched as follows:

Ehrenzweig’s work deserves consideration –primarily due to its topicality– past its historical-bibliographical curiosity and its hyperlink the query of treatment for previous injustices. Two methodological cornerstones of his work on the battle of regulation should be emphasised. Firstly, transatlantic dialogue: Ehrenzweig regularly sought to align “European studying and expertise” with the “pragmatic strategy” and “strategy of recording every day experiences”. He was endowed with the actual means to deal with discussions within the US and in Europe in order to bridge the gaps between European and US non-public worldwide regulation, thus bringing the extremely divided US and European authorized techniques nearer collectively. The second theme is linked to the built-in pondering of Ehrenzweig which formed his theories within the space of battle of legal guidelines. Certainly, Ehrenzweig was additionally well-known tort lawyer, the place he demonstrated out-of-the-box pondering, additionally attribute of his means of conducting authorized analysis. Illustrating this expertise, most prominently, is his publication on “a correct regulation in a correct discussion board” (“jurisdictional strategy”).

Within the third contribution on Albert Ehrenzweig, Berkeley, and Un-stating Alternative of Legislation, Prof. Andrew D. Bradt (College of California, Berkeley College of Legislation) pays tribute to Professor Ehrenzweig’s affect on Battle of Legal guidelines in the US. The summary reads as follows:

Like his fellow realists, Ehrenzweig eschewed metaphysical dogma, viewing alternative of regulation in a extra “pluralistic” means, as a matter for the regulation of the discussion board, in order that making use of a special state’s regulation to a case is much less a alternative of international regulation than an expression of discussion board regulation and coverage. On this respect, his marketing campaign in opposition to Restatements of alternative of regulation voices issues that stay pertinent because the American Legislation Institute enters its second decade of its efforts to create a Third Restatement.

Within the fourth article, Prof. Chris Tomale (College of Vienna) requires a up to date reappropriation of the dedicatee’s writings on Datum and Substance – Albert Ehrenzweig’s ethical information strategy. The contribution is introduced as follows:

The altering, nearly fluid nature of Ehrenzweig’s authorized scholarship between three modalities of claims concerning the regulation has opened up his work to a lot undeserved criticism, which requires a brand new and instructive take a look at the very epistemological substance of his findings. Furthermore, the modern re-politization of personal regulation may be a name for its re-moralization, elevating precisely the identical ethical information questions that have been on Ehrenzweig’s thoughts. On this respect, too, Ehrenzweig’s ethical information strategy gives a useful heuristic to explain and perceive these developments.

Then, bridging the gaps between two continents and two mental traditions, Prof. Jeremy Heymann (Université Jean Moulin Lyon 3) delivers though-provoking reflections on Ehrenzweig’s Legacy in European Personal Worldwide Legislation. The summary learn as follows:

All too usually decreased by his detractors, not less than over the European facet of the Atlantic, to his plea for the « correct regulation of the discussion board » – and all too usually misinterpret –, Ehrenzweig’s pondering calls to be reconsidered. His very distinctive unilateralist strategy to the battle of legal guidelines is effectively in tune with the tactic posited, in quite a few judgments, by the Court docket of Justice of the European Union and extra usually by the EU legislator.

The tribute concludes with Dr. David Messner-Kreuzbauer’s (College of Graz) final thinkings on The Argument from “Substantive Evolution” as a Legacy of Albert Armin Ehrenzweig’s Personal Worldwide Legislation. Continuities From Vienna to Berkeley. The article’s summary reads as follows:

Albert Armin Ehrenzweig has been portrayed as a “European Authorized Realist”, and is remembered for the fact-oriented information strategy in addition to a choice for the lex fori. This text presents a barely totally different Ehrenzweig: a Viennese choose and tutorial who went to the US shaped by sturdy concepts about substantive (tort) regulation, by the jurisprudence of pursuits and with a eager sense for ethical psychology. His ideas could have nice worth in navigating a up to date job: bringing collectively modern non-public worldwide regulation with the evolution of substantive (tort) regulation in latest a long time.

The total desk of contents is accessible right here.

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