BLOGCOMPARATUM

Académie Internationale de Droit Comparé

COMPARATIVECASE LAW

LEGISLATIVE REFORMDOCTRINAL STUDIESACADEMIC EVENTS

US Supreme Court : Justice Kennedy announces retirement

Jun 28, 2018

US Supreme Court Justice Anthony M. Kennedy announced on June 27th 2018 that he would retire later this summer, setting in motion discussions over the future of the Supreme Court while giving US President Donald Trump a possibility "to put a more conservative stamp on...

EU : According to Advocate General Wathelet, the provisions of the Qualification Directive allowing a Member State to refuse or to revoke refugee status are compatible with EU law

Jun 21, 2018

On June 21 2018, Advocate General Wathelet rendered his opinion in joined Cases C-391/16 M v Ministerstvo vnitra, C-77/17 and C-78/17 X v Commissaire général aux réfugiés et aux apatrides. According to the Advocate General, the provisions of the Qualification...

ECJ finds that all EU Members must recognize same-sex marriage in relation to immigration cases where one partner is a citizen of the EU

Jun 6, 2018

On June 5th 2018, the European Court of Justice rendered its judgment in case Case C‑673/16, finding that all EU Members must recognize same-sex marriage in relation to immigration cases where one partner is a citizen of the EU. The Court held : 1. In a situation in...

ICJ upholds jurisdiction in Immunities and Criminal Proceedings (Equatorial Guinea v. France)

Jun 6, 2018

The International Court of Justice finds that it has jurisdiction in the case Immunities and Criminal Proceedings (Equatorial Guinea v. France), on the basis of the Optional Protocol to the Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement...

ECtHR Grand Chamber to examine four complaints by Ukraine against Russia over Crimea and Eastern Ukraine

May 9, 2018

The ECtHR Chamber dealing with 4 inter-State applications by Ukraine against Russia has decided to relinquish jurisdiction over the cases in favour of the Grand Chamber. The four cases concern Ukraine’s allegations of violations of the European Convention on Human...

US Supreme Court finds that foreign citizens cannot sue foreign corporations for civil damages under ATS

May 2, 2018

On 24 April 2018, the US Court rendered its decision in Jesner v. Arab Bank. The Court found that foreign citizens cannot sue…

The ECtHR rejects an Irish request to find torture in 1978 judgment against UK

Mar 21, 2018

The European Court of Human Rights has rejected a request by Ireland to revise a 1978 judgment and find that men detained by the United Kingdom during Northern Ireland’s civil strife suffered torture, not just inhuman and degrading treatment. Ireland made the revision...

CJEU renders judgment on Fisheries Agreement concluded between the EU and Morocco

Feb 27, 2018

On 27 February 2018, the Court of Justice of the European Union rendered its judgment in the Case C-266/16 The Queen, on the application of Western Sahara Campaign UK v Commissioners for Her Majesty's Revenue and Customs and Secretary of State for Environment, Food...

ECtHR renders decision in Aydoğan and Dara Radyo Televizyon Yayıncılık Anonim Şirketi v. Turkey

Feb 23, 2018

The European Court of Human Rights rendered its decision in the case of Aydoğan and Dara Radyo Televizyon Yayıncılık Anonim Şirketi v. Turkey (application no. 12261/06). The Court held, unanimously, that there had been a violation of Article 10 (freedom of...

ECJ renders Judgment in Case C-498/16 Maximilian Schrems v Facebook Ireland Limited

Jan 26, 2018

On 25 January 2018, the European Court of Justice rendered its Judgment in Case C-498/16 Maximilian Schrems v Facebook Ireland Limited. The Court found that Mr Schrems may bring an individual action in Austria against Facebook Ireland, but that by contrast, as the...

ECJ: According to Advocate General Wathelet, the Fisheries Agreement concluded between the EU and Morocco is invalid because it applies to the Western Sahara and its adjacent waters

Jan 12, 2018

On 10 January 2018, Advocate General Wathelet rendered his opinion in the Case C‑266/16, Western Sahara Campaign UK, The Queen v Commissioners for Her Majesty’s Revenue and Customs, Secretary of State for Environment, Food and Rural Affairs. According to the Advocate...

ECtHR finds the Lack of legal recognition of same-sex unions in Italy violated rights of six couples married abroad

Dec 22, 2017

On December 14, 2017, theEuropean Court of Human Rights rendered its judgment in the case of Orlandi and Others v. Italy (application no. 26431/12) The European Court of Human Rights held, by five votes to two, that there had been a violation of Article 8 (right to...

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LEGISLATIVEREFORM

COMPARATIVE CASE LAWDOCTRINAL STUDIESACADEMIC EVENTS

France: the term “race” to be removed from the Constitution?

Jun 28, 2018

On 27 June 2018, French Members of Parliament agreed to remove the word "race" from the French constitution and add a ban on gender discrimination as part of an upcoming rewrite of the 60-year-old text. The proposal is available online : [button...

Australia: Parliament legalizes same-sex marriage

Dec 8, 2017

On December 8, 2017, the Australian Parliament passed a new law authorizing same-sex marriage. The bill passed its third reading with four members of Parliament in opposition. The new law expands on earlier legislation which already provided equality to same-sex...

Chile’s Constitutional Court on proposed bill legalizing abortions

Aug 22, 2017

On 21 August 2017, Chile's Constitutional Court has voted (6-4) to approve a bill to ease the total ban on abortions which is currently in place. The proposed bill aims to legalize abortions when a woman's life is in danger, when a fetus is not viable and in cases of...

Iceland to introduce legislation requiring employers to prove they are paying men and women equally

Mar 30, 2017

Iceland will be the first country in the world to oblige employers to prove that they offer equal pay regardless of gender, ethnicity, sexuality or nationality. A legislation will be introduced to parliament, requiring employers with more than 25 staff to obtain...

France – Constitutional Court on law obliging big companies to identify and prevent human rights violations and environmental damages

Mar 29, 2017

On 21 February 2017, the Assemblée nationale adopted a law obliging companies registered in France with at least 5,000 employees (10,000 for subsidiaries of foreign groups) to draw up a vigilance plan to prevent serious environmental damage or human rights violations...

France: Assemblée nationale adopts a new law obliging big companies to identify and prevent human rights violations and environmental damages

Feb 23, 2017

On 21 February 2017, the Assemblée nationale adopted a new law obliging companies registered in France with at least 5,000 employees (10,000 for subsidiaries of foreign groups) to draw up a vigilance plan to prevent serious environmental damage or human rights...

China: controversial cybersecurity law is approved

Nov 9, 2016

On 7 November 2016, China approved a controversial cybersecurity law. The proclaimed aim of the new law is to protect Internet users and minimize fraud. Several human rights watchdogs have notably spoken out against the law, expressing important concerns. In...

France – Parliament adopts law on « Justice of the XXIst Century »

Oct 13, 2016

On 12 October 2016, the French Assemblée nationale adopted the law on « Justice of the XXIst Century » (Justice du XXIe siècle). The texte includes a wide number of measures notably extending the current mechanism of class-actions to cases of discrimination (not in...

US: Congress overrides Obama’s veto on JASTA

Sep 30, 2016

Earlier this month, President Barack Obama blocked the bill (Justice Against Sponsors of Terrorism Act (JASTA)) allowing victims of 9/11 and their relatives to sue the Government of Saudi Arabia over its alleged involvement in the terrorist attack. See our previous...

Russian Arbitration reform enters into force on 1st September 2016

Sep 4, 2016

On 1st September 2016, a new law on arbitration comes into force in the Russian Federation. Key innovations of the so-called « Arbitration reform » inter alia address the following matters: the adoption of a presumption of arbitrability of disputes together with the...

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DOCTRINALSTUDIES

COMPARATIVE CASE LAWLEGISLATIVE REFORMACADEMIC EVENTS

Italian National Reports to the 20th International Congress of Comparative Law, foreword by Michele Graziadei for the Società italiana per la ricerca nel diritto comparato

Jul 19, 2018

Annuario di diritto comparato e di studi legislativi, special issue, Italian National Reports – International Academy of Comparative Law- XXth international congress, Fukuoka 2018

Enforcement and Effectiveness of the Law – General Contributions of the Montevideo Thematic Congress

Jul 17, 2018

Enforcement and Effectiveness of the Law - General Contributions of the Montevideo Thematic Congress Nicolás Etcheverry Estrázulas, Diego P. Fernández Arroyo (Editors), Springer, 2018, ISBN 978-3-319-93758-8 The summary of the book is reproduced hereafter: "This book...

The Past, Present and Future of Comparative Law – Ceremony of 15 May 2017 in Honour of 5 Great Comparatists

Jul 17, 2018

The Past, Present and Future of Comparative Law - Ceremony of 15 May 2017 in Honour of 5 Great Comparatists Katharina Boele-Woelki, Diego P. Fernàndez Arroyo (Editors), Springer, 2018, ISBN 978-3-319-93770-0 The summary of the book is reproduced hereafter: "This book...

German National Reports on the 20th International Congress of Comparative Law

Jun 21, 2018

The summary of the book is reproduced hereafter : ” Veröffentlicht auf Englisch. Der 20. Internationale …

The Belgian reports at the Congress of Vienna of the International academy of comparative law

Jun 12, 2018

The Belgian reports at the Congress of Vienna of the International academy of comparative law Eric Dirix, Yves-Henri Leleu, Bruylant, 2018 The Belgian Centre for Comparative law is proud to present its by now traditional collection of national reports to the...

Ehe für Alle – Die Öffnung der Ehe für gleichgeschlechtliche Paare aus verfassungsrechtlicher und rechtsvergleichender Perspektive

Jun 12, 2018

The summary of the book is reproduced hereafter : “Die Öffnung der Ehe für Paare gleichen Geschlechts durch den deutschen …

Le fédéralisme congolais à l’épreuve du droit comparé: Décentralisation et révision du 20 janvier 2011 en question

Jun 6, 2018

The summary of the book is reproduced hereafter : “La révision du 20 janvier 2011 de la constitution congolaise du 18 février 2006 viole …

Law and Politics of Constitutional Courts: Indonesia and the Search for Judicial Heroes

Jun 1, 2018

The summary of the book is reproduced hereafter : “This book critically evaluates different models of judicial leadership in …

The DNA of Constitutional Justice in Latin America: Politics, Governance, and Judicial Design

Jun 1, 2018

The summary of the book is reproduced hereafter : “In recent times there has been a dramatic change in the nature and scope of…

Research Handbook on Legal Pluralism and EU Law

May 25, 2018

The summary of the book is reproduced hereafter : “The Research Handbook on Legal Pluralism and EU Law explores the phenomenon of…

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ACADEMICEVENTS

COMPARATIVE CASE LAWLEGISLATIVE REFORMDOCTRINAL STUDIES

The Continuing Relevance of Private International Law and its Challenges, NYU School of Law, 15-16 November 2018

Jun 30, 2018

The Continuing Relevance of Private International Law and its Challenges, NYU School of Law, 15-16 November 2018 The program is available here : [button link="https://aidc-iacl.org/wp-content/uploads/2018/06/NYU-PrIL-Conference-nov2018.pdf" type="small" color="silver"...

Guest Workshop – Legal Transfers, Transplantations and Translations, 20.6.18, Frankfurt am Main

Jun 12, 2018

A Guest Workshop on Legal Transfers, Transplantations and Translations will be held on 20.6.18 in Frankfurt am Main. More information can be found via the following link : [button...

Le droit international privé dans le labyrinthe des plateformes digitales, ISDC, Lausanne, 28 June 2018

Jun 1, 2018

The Swiss Institute of Comparative Law is hosting a colloquium on “Le droit international privé dans le labyrinthe des plateformes digitales” on June 28, 2018 in Lausanne.