Second Issue of the Journal of Private International Law for 2024

The second situation of the Journal of Non-public Worldwide Regulation for 2024 has simply been printed. It accommodates the next articles:

Reid Mortensen & Kathy Reeves, The widespread regulation marriage in Australian personal worldwide regulation

The widespread regulation marriage is a curiosity within the personal worldwide regulation of marriage within the Commonwealth and Eire. In some circumstances, a wedding that’s invalid below the regulation of the place the place it was solemnised (lex loci celebrationis) could nonetheless be recognised as legitimate if it meets the necessities of a standard regulation marriage. These originate within the English canon regulation because it stood within the eighteenth century and embody the central requirement of the events’ current declaration that they’re married. The events additionally needed to meet the necessities of a Christian marriage as described in Hyde v Hyde (1866): “a voluntary union for all times of 1 man and one lady to the exclusion of all others”.

There are extra reported circumstances on widespread regulation marriages in personal worldwide regulation in Australia than some other nation. Though its Australian improvement coincided with that of different international locations, within the twenty-first century the Australian widespread regulation marriage is now in an unusually amorphous situation. The preconditions for a courtroom to disregard the lex loci have been considerably liberalised. Further uncertainty within the nature of a standard regulation marriage is created by a mix of repeated misinterpretations of the Marriage Act, the failure to make use of precedent outlining its necessities and the dismantling of the Hyde definition of marriage within the Identical-Intercourse Marriage Case (2013). The article considers that the widespread regulation marriage may nonetheless serve a helpful function in Australian personal worldwide regulation, and the way it may higher achieve this.

Stephen G. A. Pitel, The statutory assertion of unique jurisdiction

Statutes that create or codify causes of motion generally comprise jurisdiction provisions. The wording of those provisions can differ broadly. A few of them purport to provide unique jurisdiction to a particular courtroom. Within the personal worldwide regulation context, this raises the query of whether or not such a provision precludes the courts of some other jurisdiction from listening to a declare below the statute. This text analyses how these provisions have been interpreted. It focuses on Canadian regulation however attracts on American, Australian and New Zealand jurisprudence. The article contends that the Canadian jurisprudence is uneven and insufficiently rigorous. A number of of the choices can’t be reconciled with one another, such that some have to be thought to be incorrect. A number of of the choices fail to determine the vital questions which might be posed by alleged assertions of unique jurisdiction and likewise fail to reply them. Transferring ahead, courts ought to deal with the declare that such a provision deprives a courtroom of jurisdiction with warning and even scepticism.

Charlotte Wendland, Will substitutes in EU personal worldwide regulation: deathbed presents and contracts for the advantage of a 3rd get together upon demise

Will substitutes exist in lots of authorized techniques, together with these of Member States of the European Union. Two of those will substitutes are deathbed presents and contracts for the advantage of a 3rd get together upon demise. Each devices are positioned on the intersection of succession regulation and contract regulation and are due to this fact troublesome to characterise for the needs of personal worldwide regulation. One may both characterise them as succession devices within the sense of the EU Succession Regulation or as contracts within the sense of the Rome I Regulation. This text analyses the completely different choices on the way to characterise these will substitutes by taking into consideration the wording of each Rules, comparative evaluation of the substantive regulation, the probability of adaptation and the current judgment by the Courtroom of Justice of the European Union (CJEU) on this matter.

Jie (Jeanne) Huang, Can personal events contract out of the Hague Service Conference?

Treaties are concluded by States however usually impose rights and obligations immediately upon personal events. Can personal events contract out of a treaty together with States’ oppositions with out express permissions granted by the treaty? The complexity between get together autonomy and State sovereignty is mirrored in current circumstances and unsettled debates concerning the Hague Conference on the Service Overseas of Judicial and Additional Judicial Paperwork in Civil or Business Issues of November 15, 1965 (“HSC”). The HSC accommodates a lot of oppositions made by 65 Contracting States together with China, Germany, India, and Singapore. Combining private and non-private worldwide regulation, this paper goals to discover the correlative relationship between get together autonomy and State sovereignty in making use of the HSC.

Lydia Lundstedt, The regulation relevant to the suitable of precedence from a European perspective

The appropriate of precedence established within the Paris Conference for the Safety of Industrial Property permits a patent applicant to say the submitting date of a primary software for any subsequent purposes for a similar invention filed inside twelve months in one other Paris Conference Contracting State. This proper could also be claimed by the one who has filed an software or their successor in title. If precedence shouldn’t be validly claimed, patent purposes and patents counting on the suitable could also be rejected, revoked or invalidated. Nationwide and regional guidelines governing who could declare precedence, whether or not a precedence proper could also be divided or shared, whether or not it could be transferred independently of the precedence software and the rights to the invention, and the necessities for a legitimate switch differ from nation to nation. The difficulty of whether or not precedence has been validly claimed could due to this fact depend upon which nation’s regulation applies, which depends upon the characterisation of the problems. The goal of this text is to supply a European perspective on the regulation relevant to the suitable of precedence.

Amy Held, The trendy property situationship: Is bitcoin higher off (left) alone?

In trendy personal worldwide regulation (PIL), property and situs apparently go hand in hand in a longtime PIL monogamy to which there tends to be a collective dedication for all PIL points of a cross-border dispute for all PIL subcategories of property objects. This text argues that mechanistic deference to such obvious property-situs monogamy as an overarching rule within the PIL of property shouldn’t be solely misconceived; however is positively impeding progress within the trendy PIL debates surrounding property rights in trendy decentralised objects akin to bitcoin. It due to this fact examines the discrete justifications for the situs guidelines to indicate that the obvious property-situs monogamy is definitely the cumulative impact of all kinds of situation-specific issues in what is known as a property-situs situationship. Therefore, from an evaluation of the situs guidelines, and the ideas underpinning worldwide jurisdiction and relevant regulation extra typically, it suggests different property PIL options to the intractable issues posed by decentralised phenomena based mostly on coverage issues quite than continued concentrate on the property object itself because the “pure seat” of a property relationship.

Jim Yang Teo, Transnational res judicata in worldwide business disputes and potential influences for BRI dispute decision

Res judicata performs an vital position within the administration of advanced cross-border business disputes. Courts and tribunals are more and more required to grapple with the applying of res judicata on the premise of a previous dedication from a special, and doubtlessly unfamiliar, authorized system. These issues come much more alive within the context of the formidable transnational mission of the Belt & Street Initiative. This paper critically examines the Singapore Courtroom of Attraction’s choice in Merck Sharp & Dohme Corp v Merck KgGA, which provides a cooperative imaginative and prescient of transnational res judicata that strikes a stability between comity and mutual belief between nationwide authorized techniques, and every system’s personal sovereign and constitutional obligations and pursuits. The paper additionally considers the potential influences of Merck’s distinctive transnational imaginative and prescient for the BRI dispute decision ecosystem.

Chibike Amucheazi, Chidebe Matthew Nwankwo & Fochi Nwodo, A reassessment of the challenges of enforcement of overseas judgments in Nigeria: the necessity for legislative reform to ease enterprise

Enforcement of overseas judgments has important relevance on this period of elevated worldwide investments and business relations throughout borders. Specializing in Nigeria because the central jurisdiction of study, this paper takes the place that guidelines of personal worldwide regulation kind an usually understated but vital facet of the governance system of a rustic usually measured by the Ease of Doing Enterprise (EDB) rating of the World Financial institution. This paper additional argues that central to opening up the economic system and welcoming FDI into the nation, the plain matter of the inconsistency within the software of the overseas judgment enforcement statutes must be settled in order to create determinacy in Nigeria’s authorized system – a possible attraction for overseas buyers who recognize predictability within the legal guidelines of a bunch nation. It recommends the assessment and adoption of the Overseas Judgment (Reciprocal Enforcement) Act 1990 with a view to quell the circumspection of the investor and commerce participant as a result of unsure laws.