Agrégateur de flux

On 25 and 26 October 2019 Benedetta Cappiello and Gherhardo Carullo from the Università degli Studi di Milano will host a conference dealing with blockchain from a legal perspective. The focus is on the positive effects that this technology can generate. Special attention is paid to projects that aim to promote sustainability through blockchain solutions. One of the panels is devoted to jurisdiction and the law applicable to smart contracts.

The conference aims at:

• offering a critical analysis of the potential benefits and legal risks of distributed ledger technologies;
• scrutinizing opportunities offered by blockchain technology and possible regulatory frameworks;
• discussing the legal implications of blockchain technologies;
• presenting real-world blockchain projects applied to society;
• bringing together different stakeholders to discuss the future role of governments and the contemporary challenges to public trust.

Conference programme:

DAY 1 – October 25th

9:00 – 9:30: Registration

9:30 – 10:15: Welcome from: E. Franzini, University Chancellor; V. Nardo, Presidente Ordine Avvocati; L. Violini, Head of Department Diritto pubblico italiano e sovranazionale

10:30 –11:00: The Italian perspective: “An Introduction”

• P. Ciocca, Commissario Consob

11:00 – 11:30: Coffee Break

11:30 –12:15: Plenary Session: Understanding Blockchain: “An introduction”

• C. Malcolm, Head, Blockchain Policy Center, OECD-OCDE, tbc

12:30 – 13:45: Lunch

13:45 –14:15: Workshop:“How to ‘mine’?”

• C. Biondi Santi, BitMiner Factory, Firenze

14:30 –16:15: PlenarySession:“Blockchain in law”

Chair: NerinaBoschiero,FacultyDean

• P. de Filippi, Permanent Researcher at the National Center of Scientific Research (CNRS) and Faculty Associate at the Berkman Klein Center for Internet and Society at Harvard University
• O. Goodenough, Director of the Center for Legal Innovation, Vermont Law School – CodeX Affiliated
• T. Schrepel, Utrecht University School of Law

16:15 – 16:45: Coffee Break

16:45 –18:00: “Blockchain in action: Crypto currencies”

Chair: Gabriele Sabbatini

• G. Zucco, BlockchainLabit, founder
• P. Dal Checco, Turin University
• R. Ghio, WizKey

16:45 –18:15: “Smart legal contract: forum and applicable law issue”

Chair:Benedetta Cappiello, University of Milan

• G. Rühl, Professor Friedrich Schiller University, Jena
• P. Bertoli, Professor Università degli Studi dell’Insubria
• M. T. Giordano, LT42

DAY 2 – October 26th

9:30 –10:30: Plenary session:“Blockchain as a tool to achieve the SDGs”

Chair: Cesare Pitea, University of Milan

• R. della Croce, OCSE, Senior Economist, Blockchain and green finance
• G. Baroncini Turrichia, HELPERBIT founder, Blockchain Project applied
• G. Coppi, Fordham University, International Humanitarian Affairs

10:30 – 11:00: Coffee break

11:00 –12:30: “Who and how to decide?”

Chair: Alessandro Palumbo, Ph.D., CEOJUR

• P. Ortoloni, Radboud University, Nijmegen
• A. Santosuosso, Professor Università degli Studi di Pavia
• J. Lassègue, Professor and Chargé de recherche CNRS

11:00 – 12:30: “Transparency Issue”

Chair: Gherardo Carullo

• M. Nastri, Notaio
• M. Finck, Max Planck Institute for innovation and competition
• A. Zwitter, Dean, Rijksuniversiteit Groningen

 

For further information contact Benedetta Cappiello (benedetta.cappiello@unimi.it)

QPC

QPC

Tribunal de police d'Angers, 13 septembre 2019

Pourvoi c/ Cour d'assises de la Seine-et-Marne, 5 juin 2018

Salzburg-based Alpine Bau had been carrying out a considerable amount of roadwork engineering for the Polish State. The courts at Vienna started insolvency proceedings in 2013, appointing Mr Riel as what is now called the ‘insolvency practitioner’. Austria is the centre of main interests, the Austrian procedure the main proceedings. A little later a secondary proceeding is opened in Poland. Skarb Państwa, the Polish finance ministry or treasury, seeks in those proceedings the payment of debt it claims is outstanding vis-a-vis the Polish State. It also seizes the Austrian courts in a separate proceeding, asking it to confirm the existence of debt owed to it (the amount almost exactly the amount it specified in the Polish secondary proceedings) and at the same time a stay in its pronouncement until the Polish courts have ruled on the fate of the claim in Poland. Essentially therefore the Austrian action is a conservatory action, a hedging of the treasury’s bets.

An interesting angle is that in the Austrian proceedings the Treasury claims application of the Brussels Ia Regulation, particularly its Article 29 lis alibi pendens rule. The Austrian courts reject the existence of the debt and they do not entertain the lis alibi pendens request (the request for a stay).

The first question in C-47/18 (judgment 18 September) was whether Brussels Ia or the Insolvency Regulation are engaged. The CJEU (at 33) emphasises the need for both avoidance of overlap and of non-cover by either (‘doivent être interprétés de façon à éviter tout chevauchement entre les règles de droit que ces textes énoncent et tout vide juridique’), in the relation between the two Regulations: the infamous dovetail which as I have flagged in earlier posts, the Court in my view does not get entirely right. References are to Valach, Wiemer & Trachte, Feniks, Nickel & Goeldner). Here, the Treasury bases its action on Article 110 of the Austrian insolvency act (allowing, and urging first-tier creditors (such as, inevitably, Inland Revenue) to have their claims properly registered so as to ensure the priority in the picking order against the other creditors). The claim therefore is subject to the Insolvency Regulation 1346/2000.

The Court subsequently and unsurprisingly holds that Brussels Ia’s lis alibi pendens rule cannot somehow apply deus ex machina. At 43: insolvency is excluded from the Regulation; this exclusion is all or nothing: if the Regulation does not apply, none of it applies, including its procedural rules. These have, in BIa context, the clear purpose of ruling out as much as possible procedures pending in more than one Member State on the same issue. The Insolvency Regulation, by contrast, allows for concurrent proceedings, albeit primary and secondary ones, and (in Article 31 of the old Regulation; tightened in the current version 2015/848) encourages co-operation and exchange of information to avoid irreconcilable judgments.

(The further question asked refers to debt documentation requirements).

Geert.

Handbook of) EU private international law, 2nd ed. 2016, Chapter 5 Heading 5.4.1. Chapter 2 Heading 2.2.2.10.1

 

 

L’intérêt de cet arrêt est de rappeler qu’en cas de réclamation contre une amende forfaitaire majorée, la réclamation est irrecevable si elle n’est pas accompagnée de l’avis de contravention correspondant à l’amende concernée. 

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written by Ivana Isailovic & Ralf Michaels 

We are excited to announce the launch of a new transdisciplinary research project,  Gender and Private International Law (GaP), based at the Max Planck Institute for Comparative and International Private Law (MPI). 

This project is born out of a sense of scholarly and political urgency in a rapidly shifting world, where both conversations about gender equality and a powerful backlash against gender and LGBTQI justice are on the rise. Unlike other legal fields, private international law (“PIL”) has for the most part been absent from this conversation, with some rare (here, here & here) exceptions (see also the panel on women & PIL). The field is almost never analyzed using the concept of ‘gender’, or using methodologies and ideas developed by gender studies scholars. Similarly, scholars working on gender and the law tend to overlook how PIL regulates gender and distributes power and privilege at the transnational level. Transnational studies focusing on gender, often prioritize human rights analyses, or cultural issues, ignoring how PIL techniques and practices interact with identity, and negotiate differences.

Our goal is to create a space for transdisciplinary research and cross-learning at the intersection of PIL and gender and feminist studies. Over the course of this academic year, we will put in place a series of discussion groups bringing together a diverse group of legal scholars working on gender, and PIL scholars interested in gender justice issues. Sessions, organized around short readings, will address methodological questions as well as some of the most pressing topics in PIL, such as the regulation of transnational surrogacy, the recognition of Islamic family law, or international abduction. Our goal with this project is also to give a platform to emergent scholars representing a diversity of voices and backgrounds.

This academic year, we plan to organize three types of events at the MPI in Hamburg. 

• The first one will be the kick-off event, taking place on Friday, Oct. 25, from 2-5 pm. Ivana Isailovi? (MPI and Northeastern University, US) and Roxana Banu (Western University, Ontario, and Queen Mary University, UK) will guide a discussion examining the connections between gender studies and PIL. The event will be followed by a brainstorming session on how to move the project further.
  
  
• Over the course of the Fall 2019, and possibly into the Spring, we will also organize a series of intimate reading groups around canonical texts in gender studies and PIL respectively. PIL scholars and scholars working on gender and law will meet to discuss these texts in an informal setting. More information about these reading groups will be available soon.
• The final event for this academic year, to take place in the Spring of 2020, will be a full-day workshop with discussion groups organized around several specific themes. Similarly to the kick-off event, each discussion will be guided by a PIL expert and gender and law scholars.
  

In order to ensure that cost is not a barrier for participants, travel reimbursements will be available for emerging scholars who could not otherwise attend. 

If you want to attend the kick-off event, please write, by October 18, to veranstaltungen@mpipriv.de. For any general questions concerning the project, including the stipend, please write to gender@mpipriv.de. 

We look forward to seeing you at the MPI in Hamburg!