BLOGCOMPARATUM
Académie Internationale de Droit Comparé
COMPARATIVECASE LAW
LEGISLATIVE REFORMDOCTRINAL STUDIESACADEMIC EVENTS
ECtHR renders judgment in Big Brother Watch and Others v. the United Kingdom
The case of Big Brother Watch and Others v. the United Kingdom (applications nos. 58170/13, 62322/14 and 24960/15) concerned complaints by journalists and rights organisations about three different surveillance regimes: (1) the bulk interception of communications; (2)...
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India : Supreme Court strucks down colonial-era law criminalizing consensual gay sex
On 6 Septembre 2018, the Supreme Court of India has struck down a colonial-era law criminalizing consensual gay sex. The landmark decision by five Supreme Court judges to repeal the law and legalize gay sex between consenting adults overturns Section 377 of the IPC,...
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ECtHR : Fatih Taş v. Turkey – violation of the right to freedom of expression of a publisher
On 4 September 2018, the European Court of Human Rights rendered its judgment in the case of Fatih Taş v. Turkey (5) (application no. 6810/09). The Court held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the ECHR. The case...
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UN Human Rights Committee finds ICCPR violation by France
On August 10, 2018, the UN Human Rights Committee issued an opinion on the confirmation by the French justice system, of a termination of employment of an employee of a nursery who wanted to wear a veil inside the establishment. Fired in 2008, the plaintiff had...
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US Supreme Court : Justice Kennedy announces retirement
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...
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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
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...
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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
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...
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ICJ upholds jurisdiction in Immunities and Criminal Proceedings (Equatorial Guinea v. France)
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...
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ECtHR Grand Chamber to examine four complaints by Ukraine against Russia over Crimea and Eastern Ukraine
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...
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US Supreme Court finds that foreign citizens cannot sue foreign corporations for civil damages under ATS
On 24 April 2018, the US Court rendered its decision in Jesner v. Arab Bank. The Court found that foreign citizens cannot sue…
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The ECtHR rejects an Irish request to find torture in 1978 judgment against UK
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...
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CJEU renders judgment on Fisheries Agreement concluded between the EU and Morocco
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...
read moreLEGISLATIVEREFORM
COMPARATIVE CASE LAWDOCTRINAL STUDIESACADEMIC EVENTS
France: the term “race” to be removed from the Constitution?
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...
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Australia: Parliament legalizes same-sex marriage
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...
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Chile’s Constitutional Court on proposed bill legalizing abortions
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...
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Iceland to introduce legislation requiring employers to prove they are paying men and women equally
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...
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France – Constitutional Court on law obliging big companies to identify and prevent human rights violations and environmental damages
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...
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France: Assemblée nationale adopts a new law obliging big companies to identify and prevent human rights violations and environmental damages
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...
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China: controversial cybersecurity law is approved
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...
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France – Parliament adopts law on « Justice of the XXIst Century »
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...
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US: Congress overrides Obama’s veto on JASTA
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...
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Russian Arbitration reform enters into force on 1st September 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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COMPARATIVE CASE LAWLEGISLATIVE REFORMACADEMIC EVENTS
Human Rights in the UK and the Influence of Foreign Jurisprudence
Human Rights in the UK and the Influence of Foreign Jurisprudence, Hélène Tyrrell, Hart Studies in Comparative Public Law, 2018 The summary of the book is reproduced hereafter : "Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first...
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Comparative Company Law – A Case Based Approach
Comparative Company Law - A Case Based Approach Editor(s): Mathias M Siems, David Cabrelli, ISBN 9781509909360 - Hart Publishing, 2018 The summary of the book is reproduced hereafter : "As attention moves rapidly towards comparative approaches, the research and...
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Macau Journal of Brazilian Studies, 2018
The table of content is available online :
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Rabels Zeitschrift für ausländisches und internationales Privatrecht Band 82 (2018/3)
Rabels Zeitschrift für ausländisches und internationales Privatrecht Band 82 (2018/3) The table of content is available via the following link : [button link="https://www.mohrsiebeck.com/artikel/inhalt-dieses-heftes-101628rabelsz-2018-0049" color="silver"...
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The Responsive Judge – International Perspectives
The Responsive Judge - International Perspectives, Editors: Sourdin, Tania, Zariski, Archie (Eds.) Springer 2018, ISBN 978-981-13-1023-2, The summary is reproduced hereafter : "This book focuses on the changing role of judges in courts, tribunals, and other forums...
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Der Trust im italienischen Recht, Leonie-Pascale Neu
Leonie-Pascale Neu, Der Trust im italienischen Recht, Eine rechtsvergleichende Untersuchung vor dem Hintergrund des Haager Trust-Übereinkommens Mohr Siebeck, 2018, ISBN 978-3-16-155764-4 The summary of the book is reproduced hereafter : "Der Trust entstammt der...
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XXth International Congress of Comparative Law – Fukuoka – 22–28 VII 2018
XXth International Congress of Comparative Law – Fukuoka – 22–28 VII 2018
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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
Annuario di diritto comparato e di studi legislativi, special issue, Italian National Reports – International Academy of Comparative Law- XXth international congress, Fukuoka 2018
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Enforcement and Effectiveness of the Law – General Contributions of the Montevideo Thematic Congress
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...
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The Past, Present and Future of Comparative Law – Ceremony of 15 May 2017 in Honour of 5 Great Comparatists
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...
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COMPARATIVE CASE LAWLEGISLATIVE REFORMDOCTRINAL STUDIES
Droit et animaux, Rencontres de la Société de législation comparée : Dialogue Franco-Italien, September 21-22 2018, Paris,
Droit et animaux, Rencontres de la Société de législation comparée : Dialogue Franco-Italien, September 21-22 2018, Paris, More information can be found via the following link: [button...
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The principle of legal certainty from a comparative perspective, Budapest, Hungary 23 November 2018
6th Comparative Law Workshop “The principle of legal certainty from a comparative perspective”, Budapest, Hungary 23 November 2018 The programme is available online : [button...
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Methods and Functions of Comparative Law Seminar, Universidad CIII de Madrid, September 26th, 2018
Methods and Functions of Comparative Law Seminar, Universidad CIII de Madrid, September 26th, 2018 The program is available online : [button...
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Is Multi-Disciplinary Study of the Law Possible? Opportunities and Challenges of Comparative Studies, Tel Aviv, 25 October 2018
Deutsch-Japanisch-Türkischer Rechtsdialog – “Rechtsstaat und Strafrecht”, Halle, Germany, 11-13 October 2018,
An event "Deutsch-Japanisch-Türkischer Rechtsdialog - "Rechtsstaat und Strafrecht"" will be held in Halle, Germany on 11-13 October 2018, More information can be found via the following link : [button...
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The Rule of Law and the Role of Law in Asia – 16th ASLI Conference, 11 to 12 June 2019, Singapore
The 16th ASLI Conference on "The Rule of Law and the Role of Law in Asia" will be held in Singapore from11 to 12 June 2019. More information can be found via the following link : [button link="https://law.nus.edu.sg/asli/16th_asli_conf/index.html" color="silver"...
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GENERAL ASSEMBLY – JULY 27th 2018 – FUKUOKA
Click here to download the summary of the 2018 General Assembly which took place on July 27th in Fukuoka, Japan.
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The Continuing Relevance of Private International Law and its Challenges, NYU School of Law, 15-16 November 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"...
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Guest Workshop – Legal Transfers, Transplantations and Translations, 20.6.18, Frankfurt am Main
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...
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Le droit international privé dans le labyrinthe des plateformes digitales, ISDC, Lausanne, 28 June 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.
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