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This new book, edited by Juan José Álvarez Rubio and Katerina Yiannibas, addresses the fact that the increased social and economic power of multinational parties has augmented their capacity to affect human, labour and environmental rights.

The book’s publicity reads:

Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States.

The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

More information is available on the Routledge’s site.

On 2 February 2017 the European Parliament adopted a resolution urging the EU Commission to propose rules aimed at facilitating the recognition of ‘domestic’ adoptions, i.e. in cases where the adopters and the adopted child are resident in the same country. It is worth noting that the 1993 Hague Convention on Intercountry Adoptions requires automatic recognition of adoptions between contracting States, which include all EU Member States, but applies only to cases in which the parents and the adopted child are from different countries. The resolution further suggests creating a European Certificate of Adoption and calls for common minimum standards for adoption, in the form of ‘best practice’ guidelines. The resolution is accompanied by a study drawn up by the European Parliamentary Research Service, with a contribution by Ruth Cabeza, Claire Fenton-Glynn and Alexander Boiché.

Il 2 febbraio 2017 il Parlamento europeo ha adottato una risoluzione che invita la Commissione a proporre regole che agevolino il riconoscimento delle adozioni fra uno Stato membro dell’Unione e l’altro nei casi in cui chi adotta e chi viene adottato risiedono nello stesso paese. Giova ricordare che la convenzione dell’Aja del 1993 sulle adozioni internazionali richiede il riconoscimento automatico delle adozioni in tutti gli Stati contraenti, fra cui rientrano tutti gli Stati membri, ma si applica solo quando gli adottanti e l’adottato risiedono in paesi differenti. La risoluzione suggerisce inoltre la creazione di un Certificato europeo di adozione e propone l’elaborazione di standard minimi comuni da seguire in caso di adozione, sotto forma di buone pratiche. La risoluzione è accompagnata da uno studio elaborato dal Servizio ricerca del Parlamento europeo, con un contributo di Ruth Cabeza, Claire Fenton-Glynn e Alexander Boiché.

La clause attributive de compétence conclue par les parties, désignant un juge étranger, s’impose, même dans l’hypothèse où une loi de police française serait applicable au fond du litige.

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Minority SafePack - one million signatures for diversity in Europe / Commission
Citoyenneté européenne
Le Tribunal annule la décision de la Commission refusant d’enregistrer la proposition d’initiative citoyenne européenne intitulée « Minority SafePack - one million signatures for diversity in Europe »

Professor Andrew Dickinson, St Catherine’s College, University of Oxford, has kindly provided this information regarding the conference referred to below. Dr Lorna Gillies, University of Strathclyde, and Dr Máire Ní Shúilleabháin, University College Dublin are co-conveners.

This is a call for papers and panels for the Conflict of Laws section of the 2017 SLS Annual Conference to be held at University College Dublin from Tuesday 5th September – Friday 8th September.  This year’s theme is ‘The Diverse Unities of Law’.

This section is new to the SLS Annual Conference and is being run as a trial section. With your support, we can ensure that the section is included in future conferences.

The Conflict of Laws section will meet in the first half of the conference on Tuesday 5th and Wednesday 6th September. Two speakers (Professor Alex Mills, UCL and Professor Eva Lein, BIICL/University of Lausanne) have kindly already agreed to give a paper within the section.

We intend that the section will comprise four sessions of 90 minutes, with 3 or more papers being presented in each session, followed by discussion. At least three of the sessions will be organised by subject matter. We hope, if submissions allow, to be able to set aside the fourth session for papers by early career researchers (within 5-years of PhD or equivalent).

We welcome proposals from scholars in the field for papers or panels on any issue relating to any topical aspect of the Conflict of Laws (private international law), including but not limited to those addressing this year’s conference theme.
If you are interested in delivering a paper, please submit a proposed title and abstract of around 300 words. If you wish to propose a panel, please submit a document outlining the theme and rationale for the panel and the names of the proposed speakers (who must have agreed to participate), together with their proposed titles and abstracts.

All abstracts and panel details must be submitted by midnight on Monday 27th March through the EasyChair conference system which can be accessed using this link.  Full instructions on how to use the EasyChair system can be found here. If you experience any issues in using EasyChair, please contact Jed Meers at jed.meers@york.ac.uk.

As the SLS is keen to ensure that as many members with good quality papers as possible are able to present, we discourage speakers from presenting more than one paper at the conference.  With this in mind, when you submit an abstract via EasyChair, you will be asked to note if you are also responding to calls for papers or panels from other sections.

We should also note that the SLS offers a Best Paper Prize which can be awarded to academics at any stage of their career and which is open to those presenting papers individually or within a panel.  The Prize carries a £250 monetary award and the winning paper will be published in the first issue of Legal Studies in 2018.  To be eligible:

speakers must be fully paid-up members of the SLS;

papers must not exceed 12,000 words including footnotes (as counted in Word);

papers must be uploaded to EasyChair by midnight on Monday 28th August; and

papers must not have been published previously or have been accepted or be under consideration for publication.

We have also been asked to remind you that all speakers will need to book and pay to attend the conference and that they will need to register for the conference by the end of June in order to secure their place within the programme, though please do let me/us know if this is likely to pose any problems for you.  Booking information will be circulated in due course.

A call for posters will be issued separately in due course.

La Cour européenne des droits de l’homme (CEDH) juge qu’en préférant autoriser deux jeunes filles à suivre des cours de natation en burkini plutôt qu’en acceptant de les en dispenser, la Suisse ne porte pas une atteinte disproportionnée au droit de manifester sa religion mais poursuit le but légitime d’une intégration réussie.

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Conseil de Prud'hommes de Marseille, 16 janvier 2017

Architecte entrepreneur

Architecte entrepreneur

Assurance

Assurance

The current issue of the JuristenZeitung features two articles dealing with the effects of Brexit on private and economic law, including private international law.

The first article, authored by Matthias Lehmann, University of Bonn, and Dirk Zetzsche,  University of Liechtenstein,  discusses the various options to bring about Brexit and analyses their consequences for the law of contractual and non-contractual obligations (including choice of law), corporate law, insolvency law and procedural law  (Die Auswirkungen des Brexit auf das Zivil- und Wirtschaftsrecht, pp. 62-71).

The second article, authored by myself,  sheds light on the effects Brexit will have on London as a place for settling international legal disputes (Die Wahl englischen Rechts und englischer Gerichte. Zur Zukunft des Justizstandorts England, pp. 72-82). It shows that Brexit creates substantial uncertainty (1) as regards the enforcement of English choice of law and English choice of forum clauses and (2) as regards the recognition and enforcement of English judgments abroad. Unless the UK and the EU agree on the continued application of the Rome I Regulation, the Rome II Regulation and the (recast) Brussels I Regulation (or enter into a new treaty designed to enhance judicial cooperation in civil matters), Brexit will, therefore, make it less attractive to settle international disputes in London.

Both articles can be downloaded here and here (behind pay wall, unfortunately).