Droit international général

English High Court Recognises a NY Crypto Judgment

EAPIL blog - il y a 10 heures 27 min
Crypto-litigation is an increasingly significant business. The “omniterritorial” nature of digital assets has led to judicial competition in this field. As Matthias Lehman usefully summarised in his recent post on this blog, English courts have taken several steps to position England as a (if not the) leading hub for crypto-litigation, including: allowing actions against persons unknown; permitting […]

University of Geneva: Executive Training on Civil Aspects of International Child Protection (ICPT) – 2024-2025

Conflictoflaws - lun, 07/22/2024 - 09:14

The University of Geneva is organising the second edition of the Executive Training on Civil Aspects of International Child Protection (ICPT).

The University of Geneva’s ICPT, offered by the Children’s Rights Academy, is designed to:

  • Explore innovative approaches to uphold the fundamental rights of children in transnational situations
  • Learn best practices for supporting unaccompanied minors and displaced children seeking asylum
  • Collaborate with experts from various fields to create holistic and effective child protection strategies
  • Understand the dynamics of how different organisations and stakeholders can work together to protect children

Programme of the 2nd Round 2024 – 2025:

Module 1: Children’s Individual Rights in Transnational Parental Relationships

28 November 2024, 14:15 – 18:15

Module 2: International and Comparative Family Law

19 December 2024, 14:15 – 18:15

Module 3: Vulnerable Migration

27 February 2025, 14:15 – 18:15

Module 4: Practice of Child Protection Stakeholders: Inter-agency Co-operation in Context

10 April 2025, 14:15 – 18:15

This training programme is designed for a diverse audience, including child protection professionals, legislators and lawyers, researchers, students, international organisation staff members, and governmental authorities, among others.

For queries related to the content of the programme, please contact vito.bumbaca@unige.ch.

For more information, please visit the website. To register click here.

The e-mail address is cra-secretariat@unige.ch.

 

 

European Account Preservation Order – A Multi-jurisdictional Guide

EAPIL blog - lun, 07/22/2024 - 08:00
Nicolas Kyriakides, Heikki A. Huhtamäki and Nicholas Mouttotos have edited European Account Preservation Order – A Multi-jurisdictional Guide with Commentary, on Regulation No 655/2014. The book has just been published by Bruylant / Larcier. This new book on the European Account Preservation Order offers a multi-jurisdictional guide of the Regulation, examining the national operation and […]

Conference on Rethinking Jurisdiction in Private International Law (1 & 2 August 2024 @ CUHK)

Conflictoflaws - ven, 07/19/2024 - 12:44

This information is kindly provided by Dr. King Fung (Dicky) Tsang, Associate Professor, the Chinese University of Hong Kong.

 

CUHK LAW will host an international conference on private international law from August 1, 2024, to August 2, 2024.

 

Theme

The theme of the conference is “Rethinking Jurisdiction in Private International Law.” Jurisdiction is a broad concept in private international law that includes legislative, judicial, and enforcement aspects. Over the past few years, there have been significant developments in the area of jurisdiction across various countries. These developments, while rooted in national law, have extensive cross-border impacts. Additionally, the HCCH Jurisdiction Project has engaged many countries in focusing on jurisdictional issues and seeking to harmonize jurisdictional conflicts. This conference offers a forum for academics and practitioners to rethink and exchange ideas on the evolving new features of “jurisdiction” in the context of private international law.

This conference is supported by Hitotsubashi University.

 

Speakers, Abstracts and Programme:

The lists of the speakers, abstracts and the programme can be found respectively here, here and here

 

Venue:

The Conference will be held at the Cheng Yu Tung Building (CYT) which is located in Sha Tin, Hong Kong.

Address:
LT1A, 1/F, Cheng Yu Tung Building (CYT), The Chinese University of Hong Kong (Map)

Transportation:
MTR: Get off at the University Station. CYT Building is just 1-minute walk away from Exit B.

 

Languages:

The first day will be conducted in English, while the second day will mainly be in Mandarin Chinese. Attendees are welcome to participate in sessions on both days.

 

Details and registration

Please visit the conference website for more details. If you would like to attend, kindly register here by 31 July 2024, 3:00 pm.

For enquiries, please contact CUHK LAW at law@cuhk.edu.hk.

 

FACULTY OF LAW

The Chinese University of Hong Kong | Shatin, NT, Hong Kong SAR, China

T: +852 3943 4399 | E: law@cuhk.edu.hk | W: https://www.law.cuhk.edu.hk

 

The EAPIL Blog Turns to Summer Mode

EAPIL blog - ven, 07/19/2024 - 09:12
As several among our readers (and editors!) are enjoying the summer break, the EAPIL blog will slow down its activity over the next few weeks. There will be just a couple of posts every week until the end of August, when the usual five-post-a-week pace will resume. Have a great summer!

Save the Dates: Second Edition of the EAPIL Winter School in Como

EAPIL blog - ven, 07/19/2024 - 08:56
Building on the success of the first edition, a new edition of the EAPIL Winter School is being organized by  the European Association of Private International Law, together with the Department of Law, Economics and Cultures of the University of Insubria in Como (Italy), with the Law Faculty of the University of Murcia (Spain) and […]

Revue Critique de Droit International Privé – Issue 2 of 2024

EAPIL blog - jeu, 07/18/2024 - 08:00
The second issue of the Revue for 2024 is dedicated to the law of migration which, in the French tradition, belongs to private international law. The issue features seven articles which, for most of them, discuss certain aspect of a French statute adopted in January 2024 to control immigration and improve integration. The issue also […]

Revue Critique de droit international privé – issue 2024/1

Conflictoflaws - mer, 07/17/2024 - 15:09

Written by Hadrien Pauchard (assistant researcher at Sciences Po Law School)

The first issue of the Revue Critique de droit international privé of 2024 was released a few months ago. It contains 2 articles and several case notes. Once again, the doctrinal part has been made available in English on the editor’s website (for registered users and institutions).

The opening article is authored by Dr. Nicolas Nord (Université de Strasbourg) and tackles the crucial yet often overlooked issue of L’officier d’état civil et le droit étranger. Analyse critique et prospective d’une défaillance française (Civil registrars and foreign law. A critical and prospective analysis of a French failure). Its abstract reads as follows:

In international situations, French civil registrars may frequently be confronted with the application of foreign law. However, by virtue of the General Instruction on Civil Status and other administrative texts, they are under no obligation to establish the content of foreign law and can be satisfied with the sole elements reported by requesting private individuals. This solution certainly has the advantage of simplifying the task of civil registrars, who are not legal professionals. However, it leads to inconsistencies within the French legal system. The article therefore recommends reversing the principle and creating a duty for the French authority in this area. However, the burden should be lightened by facilitating access to the content of foreign law. Concrete proposals are put forward to this end, both internally and through international cooperation.

In the second article, Prof. David Sindres (Université d’Angers) addresses the complex question of the scope of jurisdiction clauses, through the critical discussion of recent case law on whether Le « destinataire réel » des marchandises peut-il se voir opposer la clause attributive de compétence convenue entre le chargeur et le transporteur maritime ? (Can the “actual addressee” of the goods be submitted to the jurisdiction clause agreed between the shipper and the maritime carrier?). The abstract reads as follows:

In two notable decisions, the French Cour de cassation has ruled that the case law of the Court of Justice Tilly Russ/Coreck Maritime is strictly confined to the third-party bearer of a bill of lading or sea waybill, and cannot be applied to the “actual addressee” of the goods. Thus, unlike the third party bearer, the “actual addressee” cannot be submitted to the clause agreed between the shipper and the maritime carrier and inserted in a bill of lading or a sea waybill, even if he has succeeded to the rights and obligations of the shipper under the applicable national law, or has given his consent to the clause under the conditions laid down in article 25 of the Brussels I bis regulation. The distinction thus made by the Cour de cassation with regard to the enforceability against third parties of jurisdiction clauses agreed between shippers and carriers cannot be easily justified. Indeed, it is in no way required by the Tilly Russ and Coreck Maritime rulings and is even difficult to reconcile with them. Furthermore, insofar as it may lead to the non-application of a jurisdiction clause to an actual addressee who has nevertheless consented to it under the conditions of article 25 of the Brussels I bis regulation, it fails to meet the requirements of this text.

The full table of contents is available here.

The second issue of 2024 has been released and will be presented shortly on this blog.

Previous issues of the Revue Critique (from 2010 to 2022) are available on Cairn

Conference in Honour of Paul Lagarde

EAPIL blog - mer, 07/17/2024 - 08:00
On 26 and 27 September 2024, an international conference in honour of professor Paul Lagarde, on the occasion of his 90th  birthday, will take place in Paris, at the University of Paris 1 Panthéon-Sorbonne (Centre Sorbonne, Liard Auditorium). It will deal with the international sources of private international law, drawing on the major role that […]

Call for abstracts: TEGL Conference Re-imagining Law for Sustainable Globalization: Navigating Uncertainty in a Globalized Era – 16-17 December 2024

Conflictoflaws - mar, 07/16/2024 - 18:17

A call for abstracts has been launched for the TEGL (Transformative Effects of Globalisation in Law) Conference entitled “Re-imagining Law for Sustainable Globalization: Navigating Uncertainty in a Globalized Era”, which will take place on 16-17 December 2024. For more information, click here.

Interested persons may submit a paper proposal abstract, a panel proposal abstract or an abstract to participate in the PhD session. Abstracts should be no more than 500 words. A short bio (of max. 200 words) should also be included. Both documents should be submitted by 15 September 2024 by using the following link.

As stated on its website, the topics are the following:

The conference focuses on the four TEGL research streams: 1) Constitutionalism and Subjects of Globalization; 2) Economic Law and Globalization’s Infrastructures; 3) Courts, Science and Legitimacy; 4) National and Regional Institutions as Global Actors.  It, therefore, welcomes submissions on a wide variety of topics. For reference, specific questions include but are not limited to:

  • How does law produce socio-economic inequalities in the context of uncertainty and across various areas?
  • How can existing categories of law be rethought in different areas to reduce these inequalities and the resulting sense of uncertainty?
  • How does law constrain or regulate uncertainties within global value chains, exploring its role in shaping and responding to crises in this interconnected world?
  • How does law guarantee or contribute to uncertainty in international economic exchanges, encompassing trade and investment?
  • How effective are legal mechanisms in mitigating uncertainties arising from the current climate crisis? Discuss how the law can contribute to sustainable solutions.
  • What is the role of law in empowering or disempowering individuals facing socio-economic inequalities and exploring potential legal reforms to address disparities?
  • How does the law address humanitarian concerns during the conflict, considering its effectiveness and proposing innovative solutions?
  • What role do principles play in risk regulation/environmental/climate change litigation (before international/EU/national courts)?
  • What role do experts play in decision-making and courts, and what role do NGOs/public interest litigation play?
  • What is the role of science and its legitimacy in courts?
  • How does uncertainty affect legal coherence and migration governance, and can uncertainty be considered a ‘governance strategy?’
  • How to regulate and control in times of uncertainty.
  • Proportionality in times of uncertainty.
  • What role should law play in navigating uncertainty in the digital age, including in platform regulation (e.g., the political economy of platforms, AI utilization in content moderation, design of platform interfaces, access to datasets), automated decision-making, digitization of lawmaking and the use of AI in courtrooms (Robot judge, natural language processing and automation in law).

This event is organized within and supported by the Sector Plan TEGL and the Globalization and Law Network of Maastricht University. For inquiries, please contact glawnet-fdr@maastrichtuniversity.nl.

TEGL research project is a collaboration between the law faculties of Maastricht University, Open Universiteit NL, Tilburg University and the University of Amsterdam. More information is available here.

What’s Good for Competition Law Is Not Good for Brussels I bis: CJEU Rejects Concept of Economic Unit in MOL v Mercedes Benz Group

EAPIL blog - mar, 07/16/2024 - 10:06
In competition law, a parent company is liable for any infringements of EU competition law by its subsidiary (see CJEU Case C-516/15 P, Akzo Nobel, para 51–57). Both are considered ‘a single economic unity’, notwithstanding their separate legal personalities (id para 53). The question whether this theory also works in the context of Brussels Ibis […]

French Supreme Court Rules Primary Matrimonial Property Regime is an Overriding Mandatory Provision

EAPIL blog - lun, 07/15/2024 - 08:59
This post was written by Fabienne Jault-Seseke, who is Professor of Private Law at the University of Versailles Saint-Quentin (Paris Saclay). On 12 June 2024, the French Supreme Court for civil and criminal matters (Cour de cassation) confirmed in a ruling that the “primary” matrimonial property regime is defined by mandatory laws, which are applicable […]

The Hague Academy of International Law Centre for Studies and Research 2025: “Artificial Intelligence and International Law”

Conflictoflaws - dim, 07/14/2024 - 16:40

As recently highlighted by contributions on this blog, new technologies have a significant impact on the development of the law. Hence, the Curatorium of the Hague Academy of International Law has chosen for the the 2025 edition of the Centre for Studies and Research (18 August – 5 September 2025) to focus on the emerging topic of “Artificial Intelligence and International Law“. This year, the selected researchers will be work under the guidance of the Directors of Research, Marion Ho-Dac (Université d’Artois) for the French-speaking section as well as Marco Roscini (University of Westminster) for the English-speaking section.

Interested candidates must be researchers and preferably hold an advanced degree (PhD or Doctorate degree). Registration for the 2025 Centre is open from 1 July to 15 October 2024 via the institution’s own Online Registration Form.

The Academy describes the scope of its 2025 Programme as follows (emphasis added to highlight passages of specific interest to col.net readers):

The increasing integration of digital technologies based on Artificial Intelligence (AI) into human activities requires a thorough re-examination of most normative frameworks in the international order. Advanced AI systems operate with ever greater autonomy, generating content, recommendations, predictions and decisions for States, organisations and individuals. AI thus offers enormous opportunities for humankind by facilitating (or even making possible) the performance of certain tasks. At the same time, however, it presents significant risks related, for instance, to potential biases and accountability gaps. In this context, is (public and private) international law capable of addressing the profound changes that the contemporary rise of AI is bringing? 

The Centre of Studies and Research 2025 of The Hague Academy of International Law aims to analyse these challenges and opportunities through the lenses of international law in a holistic manner by focusing on three different aspects: AI’s impact on the sources and institutions of the international legal order, AI’s impact on special regimes of international law, and AI’s role in addressing specific contemporary problems.

Selected researchers will be called to work on the following topics under the guidance of the Directors of Research:

  • AI and International/Regional Organisations
  • AI and International/Regional Courts and Tribunals
  • AI and the Making of (Public/Private) International Law
  • AI and the Practice of (Public/Private) International Law
  • International Governance of AI including Technical Standardisation
  • AI and the Risk-based Approach
  • AI and the International Law of Armed Conflict
  • AI and International Environmental Law
  • AI and Conflict of Laws 
  • AI and International Human Rights Law
  • AI and the Law of State Responsibility
  • AI and International Criminal Law
  • AI and International Business Law 
  • AI and the Maintenance of International Peace and Security
  • Lethal Autonomous Weapons and International Law
  • AI and the North-South Divide
  • AI and Cybersecurity
  • AI and Privacy  
  • AI and Humanitarian Action
  • AI and the Cross-border Movement of Persons
  • AI and (Mis)Information

For further information on the HAIL 2025 Centre and the Academy in general, please consult the HAIL Homepage or refer to the attached PDF Programme.

The Hague Academy Centre for Studies and Research of 2025

EAPIL blog - ven, 07/12/2024 - 09:13
The registrations for the Hague Academy Centre for Studies and Research of 2025 are open. The 2025 edition of the Centre will focus on Artificial Intelligence and International Law. The Directors of Research will be Marco Roscini (University of Westminster) for the English-speaking section, and Marion Ho-Dac (University of Artois) for the French-speaking session. The […]

Seeking an Edge in Judicial Competition: England is Becoming the Leading Crypto Litigation Hub

EAPIL blog - jeu, 07/11/2024 - 09:21
The Channel is Really an Abyss When reading court judgments from the UK and the EU, one is often struck by the different attitudes on either side of the Channel. While courts on the continent try to get rid of cases as quickly as possible, their English counterparts seem to tell litigants ‘Bring them on!’. […]

Two Interesting Recent Articles related to Private International Law

Conflictoflaws - jeu, 07/11/2024 - 05:05

Williams C Iheme, “The Overdependence of African Courts and Businesses on English Law and Forum:
The Negative Repercussions on the Development of African Legal and Economic Systems”  (2024) 15 Pravni Zapisi, pp. 151-190

The uncritical transplantation of English law by Anglophone-African legislators and judges, and their failure to sufficiently adapt English legal concepts to suit the idiosyncratic socioeconomic conditions in Africa, arguably contribute to the perpetuation of English law’s hegemony therein. It is argued that the overdependence on English law and courts by African businesses in resolving contractual disputes
is not necessarily due to any alleged stellar qualities of the former, but largely due to the over-marketing of the English legal system’s competence by its apologists. The analysis uses piquant examples to elicit some adverse effects of using/overreliance on the English law and forum by African businesses in resolving contractual disputes.

To reposition from the lengthened shadow of English law, Anglophone African legislators, judges and legal scholars, must craft autochthonous legal processes that suit Africa’s tastes and socioeconomic milieu.

 

Georgia Antonopoulou, “Forum Marketing in International Commercial Courts?” (2024) Oxford Journal of Legal Studies

Forum selling is a legal term used to describe the practices of courts and judges, geared towards attracting cases, such as increasing the predictability of judgments or speeding up trials. However, do courts also go beyond forum selling to attract cases? Taking international commercial courts as its focus, this article explores how these courts market themselves to attract cases and coins the term ‘forum marketing’. It demonstrates that the courts’ recent establishment, coupled with their voluntary jurisdiction, creates a compelling context, which encourages them to engage in forum marketing. The article argues that forum marketing is not merely a byproduct of the competition in commercial dispute resolution, but a powerful mechanism with deeply persuasive, normative and, effectively, structuring properties. Forum marketing is central to disseminating and reinforcing a pro-business approach in civil justice, consequently setting the stage for procedural inequality and a one per cent procedure.

Research Handbook on International Family Law

EAPIL blog - mer, 07/10/2024 - 08:00
Janeen M. Carruthers (University of Glasgow) and Bobby W.M. Lindsay (University of Glasgow) edited Research Handbook on International Family Law. Published by Edward Elgar in its Research Handbooks in Family Law series, the book addresses legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this field […]

Newest Commentaries and Newsletter on Private International Law (Vol. 7, Issue 1)

Conflictoflaws - mar, 07/09/2024 - 09:08

We are pleased to present the newest Commentaries on Private International Law (Vol. 7, Issue 1), the newsletter of the American Society of International Law (ASIL) Private International Law Interest Group (PILIG).

The primary purpose of our newsletter is to communicate global news on PIL. Accordingly, the newsletter attempts to transmit information on new developments on PIL rather than provide substantive analysis, in a non-exclusive manner, with a view of providing specific and concise information that our readers can use in their daily work. These updates on developments on PIL may include information on new laws, rules, and regulations; new judicial and arbitral decisions; new treaties and conventions; new scholarly work; new conferences; proposed new pieces of legislation; and the like.

This issue has two sections. Section one contains Highlights on the indirect jurisdiction in India, an amendment to the Chinese Civil Procedural Law, the James Finlay (Kenya) Ltd litigation in the United Kingdom, and a review of the development of PIL in the US and beyond in the year of 2023. Section two reports on the recent developments on PIL in Africa, Asia, Europe, North America, Oceania, and South America from June 2023 to June 2024.

We express our sincere appreciation to our 2024 editorial team, which consists of 20 editors from around the world. The chief editors are PILIG Co-Chairs Jie (Jeanne) Huang (University of Sydney Law School, Australia) and George Tian (University of Technology Sydney Law School, Australia).

The Commentaries and Newsletter can be found at the ASIL website here.

In Memoriam: Marko Ilešič

EAPIL blog - mar, 07/09/2024 - 08:00
By Professor Jerca Kramberger-Škerl, University of Ljubljana. ‘Speaks 13 languages, can tell a joke in 7, can lecture in 8.’ This was the headline of a 2015 article in the Slovenian newspaper Dnevnik, marking the third appointment of Marko Ilešič as the Slovenian judge at the Court of Justice of the European Union. Indeed, being […]

Transforming legal borders: International judicial cooperation and technology in private international law – Part I

Conflictoflaws - lun, 07/08/2024 - 10:03

Written by Aguada, Yasmín** [1]– Jeifetz, Laura Martina***[2]

This post will be divided into two Views. This is Part I.

Abstract: In a globalized world, International Judicial Cooperation (IJC) and advanced technologies are redefining Private International Law (PIL). The convergences between legal collaboration among countries and technological innovations have revolutionized how cross-border legal issues are approached and resolved. These tools streamline international legal processes, overcoming old obstacles and generating new challenges. This paper explores how this intersection reshapes the global legal landscape, analyzing its advantages, challenges, and future prospects.

Keywords: private international law, international judicial cooperation, new technologies, videoconferencing, Iber@, Apostille.

I. INTRODUCTION

In an increasingly interconnected context, international judicial cooperation (IJC) and the advancement of new technologies have been linked in a notable way, reshaping the landscape of private international law (PIL). The dynamic interaction between these two elements has triggered a profound change in how cross-border legal issues are treated and resolved.

Since ancient times, IJC has been essential to address disputes involving multiple jurisdictions. From the harmonization of laws to the enforcement of judgments in foreign countries, the interaction of legal systems has been a constant challenge. However, in recent times, the emergence of technologies has brought with it revolutionary tools and approaches that are transforming IJC.

As borders become more transparent in the digital world, the implications for PIL are immense. Direct judicial communications, videoconferencing, and other technological innovations are streamlining cross-border legal processes. These technological solutions are not only overcoming traditional obstacles in international judicial cooperation but are also giving way to new challenges that require careful evaluation.

This work explores the convergence between these two fields: assistance between jurisdictions and adopting technological innovations. In this way, we propose researching their intersections and how the transnational legal scenario is transformed, with some specific references to Argentine PIL. Collaboration between nations in the search for legal solutions and the potential of new technologies to accelerate these processes are intertwined in a dynamic symbiosis that redefines PIL’s scope and very nature. In this framework, it is essential to understand the joint evolution of IJC and new technologies to anticipate how this relationship will continue to shape this discipline in the future.

II. INFLUENCE OF TECHNOLOGY ON PIL

There is no doubt that the phenomenon of globalization has impacted all branches of the law without distinction. Historically, the primary purpose of PIL was to ensure the continuity of legal relations across different jurisdictions[3]. However, we must recognize that the impact of globalization, the emergence of telecommunications, and the widespread growth of the use of the means of transportation, have led to the movement of people beyond borders. Added to these phenomena is the rise of electronic commerce and online contracting platforms. All these conditioning factors generate a multiplication of private legal relations with foreign elements.

As indicated by Calvo Caravaca and Carrascosa González,[4] the emergence of the Internet produces a shock wave in all branches of law, but more specifically in PIL, a subject that is revealed as the main protagonist in the repercussions of cyberspace in the legal field. The use of online tools globalizes international private legal situations and, therefore, increases their number and variety.

It is a fact: internationalization is not foreign to the eyes of a jurist. However, from the perspective of our subject, the virtualization of borders through the Internet has managed to put classic concepts established since the Middle Ages in crisis. Undoubtedly, the environment has been transformed, and the law – although always behind – has accompanied the new demands of an increasingly digital society at its own pace.

These trends expand with the increase in regional integration processes, by which States generate agreements to promote the circulation of goods, people, diplomatic relations, reduction of customs fees, etc. Without hesitation, these processes even check the basic foundations of the States. And with this, transnational relations achieve an ever greater increase, so their extension requires their inclusion in legislative agendas.[5]

To this complex panorama of challenges and questions, disruptive technologies are now added that are already seen as the protagonists of the new era. Artificial intelligence, smart contracts, the blockchain, the Internet of Things (IoT), and the analysis of large volumes of data (big data) are demanding an exhaustive examination of the basic paradigms of law in general and the PIL in particular.

These technologies are rapidly transforming procurement methods, the way business relationships are established, and governance systems, raising fundamental questions about applying PIL rules and protecting the rights and interests of the parties involved.

International organizations have also echoed these modern challenges. Organizations such as the World Trade Organization (WTO)[6], the Institute for the Unification of Private Law (UNIDROIT)[7] and the United Nations Commission on International Trade Law (UNCITRAL)[8] are taking a leading role in the development of practical guides intended to harmonize solutions to the possible legal consequences derived from the use of these tools.

III. IMPACT OF NEW TECHNOLOGIES ON INTERNATIONAL JUDICIAL COOPERATION

In recent years, a series of tools and mechanisms have been consolidated that, promoted by the benefits derived from the use of technology in the process, seek to generate a more direct connection between authorities to provide assistance. Clear examples of this are direct judicial communications, electronic requests, and the use of videoconferences. These innovations are accompanied by different cooperation networks: the central authorities, key actors in the operation of the agreements, which facilitate legal cooperation; judicial networks[9] and contact point networks.

Although the application of new technologies was not considered when most of the regulations and agreements that we have today were negotiated, there is no regulatory obstacle to their use since the operation of such instruments is substantially optimized through the application of these modern tools.

In the field of soft law, the Principles of the American Association of Private International Law (ASADIP), Chapter 4, “Interjurisdictional Cooperation”, article 4.7, provides in this regard: “provided that the security of communications is guaranteed, judges and other justice operators will seek and promote the use of new information and communication technologies, such as telephone and video conferencing, electronic messages, and any other means of communication suitable for ensuring the effectiveness of the requested cooperation”.

Most of the current regulations contain requirements incompatible with the communication technologies we have available today. In pursuit of a more favorable interpretation of the implementation of ICT, article 4.5 of the ASADIP Principles on Transnational Access to Justice (TRANSJUS Principles), approved by the Assembly of the American Association of Private International Law, in its meeting held in Buenos Aires, on November 12, 2016, points out that:

“…the requested State will apply and interpret the rules of interjurisdictional cooperation in a particularly flexible manner, minimizing the relevance of formalities. The courts of the requested State may act ex officio and undertake the regulatory adaptations that are necessary to achieve the completion of the corresponding procedural action. When the law does not indicate a specific form, method or manner to carry out any act of cooperation requested by the requesting State, the courts of the requested State have the power to take all appropriate measures to achieve the objective of the requested assistance, safeguarding always the fundamental procedural guarantees

It follows from this principle “the need to seek the delicate balance between the duty of cooperation, through available and suitable means, and respect for the guarantees of due process”.[10]

III.I. Electronic transmission of requests. Iber@.

Firstly, electronic requests are those that are transmitted within the framework of an international judicial procedure by which the court of one State requires a court of another State to provide judicial assistance or the execution of a procedural act (e.g., notification, evidence), and which is formalized through electronic means.

A vitally important tool in the context of international judicial cooperation is the Iber@ electronic communication platform. This system, characterized by its confidentiality, security, ease of use, and access, is used both by the contact points of the Ibero-American Network for International Legal Aid (IberRed) [11], and by other relevant networks, such as Eurojust, the General Secretariat of INTERPOL and the Ibero-American Network of Specialized Prosecutors Against Trafficking in Human Beings.

User access is required, as provided by the General Secretariat of IberRed, previously designated by the institutions that make up the Network. Then, each user generates a private password, which must be renewed every six months. It should be noted that Iber@ does not impose specific requirements beyond a computer and an internet connection, allowing one to log in from anywhere in the world.[12]

Once the user is authenticated in the system, he or she accesses the platform through the IberRed portal and select the institution to which to direct their query: a Contact Point, a Liaison, or a National Member of Eurojust. After submitting the query, the designated recipient receives an email notification. Subsequently, he or she is asked to enter the platform to view the request.

An important boost for this platform came with the ratification of the Treaty on the Electronic Transmission of Requests for International Legal Cooperation between Central Authorities, which took place in Medellín in July 2019, commonly known as the Medellín Treaty. This agreement has been signed by Andorra, Argentina, Brazil, Colombia, Chile, Spain, Paraguay, Portugal, and Uruguay, and it is also open to signature to other nations. It should be noted that this treaty entered into force in May 2022.

As Mercedes Albornoz and Sebastián Paredes point out[13], this instrument does not regulate the formal, procedural, or substantial requirements of the request but instead offers a renewing and perfected perspective of the existing treaties on international cooperation. The proposed innovation, in line with current times, involves eliminating the traditional transmission of requests for international assistance in paper format and instead favoring the Iber @ electronic platform as the main means (Article 1). However, its use is not mandatory (Article 4 ).

Unquestionably, cross-border cooperation demands the incorporation of new technologies to guarantee effective judicial protection, which requires collaborative efforts on the part of States. The ultimate objective is to achieve the digitalization of existing mechanisms in the field of international judicial cooperation. In this trajectory, the Iber@ platform presents a significant opportunity, considering its distinctive security characteristics, immediacy, and friendly accessibility.

III.II. e-Apostille. Digitization of evidence and documents.

Another fundamental tool in the framework of international judicial cooperation is the digitization of evidence and documents. At that level, and explicitly concerning public instruments, the electronic apostille is a simplification and streamlining mechanism for the circulation of such documents. Broadly speaking, it is a digital document that is transmitted electronically, allowing a country to expedite the authentication of public documents to produce their effects in other States[14]. This is the electronic implementation of the Hague Apostille, the single and simplified authentication process for public documents provided for by the 1961 Hague Convention[15]. It is carried out by electronic means and on an electronic public document.

Regarding the use of technological tools, the Special Commission, when evaluating the practical operation of the Apostille Convention, reiterated in several meetings that the spirit and letter of the Convention “do not constitute an obstacle to the use of modern technology”, even affirming that the use of said technology can significantly improve the application and operation of the Convention.

In 2006, the Hague Conference (HCCH), together with the National Notary Association of the United States of America (NNA), officially launched the electronic Apostille Pilot Program (e-APP), which was a pilot program until 2012, when it became a permanent program.

The e-APP allows for a much more effective performance of the Convention, considerably increasing security. It can be used with any type of technology and does not privilege the use of one technology over another, so the state parties can freely choose the one that best suits their needs and structures. The e-APP comprises two components: the issuance of e-Apostilles and the operation of e-registers.

The Hague Conference periodically organizes International Fora on the e-APP to discuss and promote its implementation. In 2021, the twelfth Forum on the e-APP was held via videoconference for the first time, and during its celebration, the effects of the COVID-19 pandemic on the operation of the Apostille Convention were pointed out, and the e-APP. Specifically, the number of (e-)Apostilles requested and issued decreased, and public services were hampered by restrictions, prompting a transition towards online services. However, they also noted that Contracting Parties that had already implemented the e-APP, particularly the e-Apostille component, reported fewer issues.

Currently, 53 countries have implemented one or two components of the e-APP. Faced with technologies in constant innovation, the 1961 Hague Convention “remains in force and has even increased its number of ratifications by designing the electronic Apostille Program (e-APP) with the objective of guaranteeing that the Convention functions in a manner effective, safe and uninterrupted, we opted for the incorporation of technology, in this case, through the issuance of electronic apostilles (e-Apostilles) and the use of electronic records (e-Registries) [16]. The e-APP provides the Apostille Convention with renewed energy and relevance, ultimately seeking to extend the scope of the Convention to the electronic medium and strengthen its important benefits by making its operation more effective and secure. In this way, we see how the incorporation of new technologies is possible to optimize the operation of existing agreements and facilitate international judicial and administrative cooperation, and thus promote access to justice.

[1]** Lawyer and notary, Law School, National University of Córdoba, Argentina. Law School, Master in International Business Law, Complutense University of Madrid. Assistant professor in Private International Law and Public International Law at the Faculty of Law, National University of Córdoba. Email: yasmin.aguada@mi.unc.edu.ar

[2] *** Lawyer, Law School, National University of Córdoba, Argentina. PhD student, University of Cádiz. Master in International Business Law, Complutense University of Madrid. Assistant professor in Private International Law at Law School,  National University of Córdoba. Email: martina.jeifetz@unc.edu.ar

[3] DREYZIN DE KLOR, ADRIANA. El derecho internacional privado actual. Volume I. Zavalia, Ciudad Autónoma de Buenos Aires, 2015.

[4] CALVO CARAVACA, ALFONSO  L. and CARRASCOSA GONZÁLEZ, JAVIER. Conflictos de leyes y conflictos de jurisdicciones en Internet, Madrid, Colex, 2001.

[5] SCOTTI, LUCIANA. Los escenarios del derecho internacional privado actual: globalización, integración y multiculturalidad. Derecho Internacional Privado y Derecho de la Integración– Book tribute to Roberto Ruíz Díaz Labrano, coord. Fernández Arroyo, D. Moreno Rodríguez, José A. CEDEP, Asunción, 2001.

[6] The World Trade Organization prepared a work directed by Emmanuelle Ganne in which the impacts of blockchains on global trade are analyzed. GANNE, Emmanuelle. Can blockchains revolutionize international trade? 2018.

Available at: https://www.wto.org/spanish/res_s/booksp_s/blockchainrev18_s.pdf. Accessed: 7 July 2024.

[7] For its part, since 2020, UNIDROIT has commissioned a specialized group, at the initiative of some European countries, to prepare a regulatory instrument that contains principles and practical guides on Digital Assets and Private Law. For more details: https://www.unidroit.org/work-in-progress/digital-assets-and-private-law/#1456405893720-a55ec26a-b30a . Accessed: 7 July 2024.

[8] Since 2022, the UNCITRAL Working Group on Electronic Commerce has been analyzing legal issues related to the digital economy. They have especially dedicated themselves to making a legislative proposal for artificial intelligence and automated contracting. More information at: https://uncitral.un.org/es/working_groups/4/electronic_commerce. Accessed: 7 July 2024.

[9] As an example, we mention the International Hague Network of Judges, a group of judges who jointly cooperate on requests for international return of children. For more details: International Network of Judges of The Hague. Available at: https://www.hcch.net/es/instruments/conventions/specialized-sections/child-abduction/ihnj. Accessed: 7 July 2024.

[10]SCOTTI, LUCIANA . op. cit., 2020, p. 428.

[11]The Ibero-American Network of International Judicial Aid (IberRed) constitutes a valuable collaboration network in areas of civil and criminal law. The Network is made up of Central Authorities and members of the Ministries of Justice, and other judicial bodies from 22 Ibero-American countries. It is also made up of the Supreme Court of Puerto Rico. The basic objective is to optimize the operation of the current civil and criminal assistance agreements, and to strengthen cooperation between the member countries of the Ibero-American Community of Nations. Such a structure constitutes a fundamental advance in the construction of an Ibero-American Judicial Space. In order to safeguard effective judicial protection, it aims to strengthen international legal cooperation mechanisms and, in addition, simplify the instruments and tools currently in force. Its official languages are Spanish and Portuguese IBERO-AMERICAN NETWORK OF INTERNATIONAL JUDICIAL AID. https://iberred.notariado.org/, 2014. Accessed: 7 July 2024.

[12] AGUADA, YASMÍN and JEIFETZ, LAURA MARTINA. “Nuevas oportunidades de la cooperación judicial internacional: exhorto electrónico y blockchain”. Legal and Social Research Center, Anuario XIX, 2019.

[13] ALBORNOZ, MERCEDES and PAREDES, SEBASTIAN. “Nuevo Tratado de Medellín: la tecnología de la información al servicio de la cooperación internacional” in Derecho en Acción, 2019.

[14] Private documents, in order to be apostillised, require prior certification by a notary public.

[15] It is worth remembering that the 1961 Hague Convention eliminated the requirement for legalization of foreign public documents, replacing it with the apostille. This Convention is one of the most accepted and applied international treaties globally. It is currently in force in 126 States, making it one of the most successful international instruments in the field of international legal and administrative cooperation.

[16] ALL, PAULA. “Legalización de documentos en la fuente convencional y en la fuente interna. Un paso más en el avance hacia lo tecnológico y lo digital” in, LA LEY, 04/29/2019, 1. Online Citation: AR/DOC/961/2019

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