BLOGCOMPARATUM

Académie Internationale de Droit Comparé

COMPARATIVECASE LAW

LEGISLATIVE REFORMDOCTRINAL STUDIESACADEMIC EVENTS

The ICJ finds that the process of decolonization of Mauritius was not lawfully completed when that country acceded to independence and that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible

Feb 26, 2019

The Court finds that the process of decolonization of Mauritius was not lawfully completed when that country acceded to independence and that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as...

October 2018 Pechstein judgment by the European Court of Human rights becomes final and binding

Feb 12, 2019

Following the judgment rendered by the 3rd Chamber of the European Court of Human Rights on October 2 2018, Claudia Pechstein filed a request to refer the matter to the Grand Chamber of the ECHR. Pechstein's request was dismissed on February 4th 2019 by a Panel of the...

US Supreme Court: New Judge Kavanaugh delivers for the first time the opinion of the Court

Jan 9, 2019

The US Supreme Court has just rendered its decision in the case HENRY SCHEIN, INC., ET AL. v. ARCHER & WHITE SALES, INC. The opinion of the unanimous Court has been delivered by justice Brett Kavanaugh. The US Supreme Court has affirmed that arbitrators should...

ECtHR renders judgment in Molla Sali v. Greece

Dec 21, 2018

The Grand Chamber of the European Court of Human Rights rendered its judgment in the case of Molla Sali v. Greece (application no. 20452/14). The Cour held, unanimously, that there had been a violation of Article 14 (prohibition of discrimination) of the European...

CJEU finds that the taste of a food product is not eligible for copyright protection under Directive 2001/29/EC

Nov 13, 2018

On November 13, 2018, the European Court of Justice rendered a judgment in Case C-310/17, finding that the taste of a food product is not eligible for copyright protection under Directive 2001/29/EC. A summary is available via this link: [button...

German Federal Court of Justice finds wife of mother is not automatically legal co-parent of newborn child

Oct 31, 2018

On October 10th 2018, the German Federal Court of Justice rendered its decision XII ZB 231/18, finding that a mother's wife is not automatically legal co-parent of a newborn child. In this case, a female same-sex couple married following the legalization of same-sex...

Hague Court of Appeal has upheld a historic legal order on the Dutch government to accelerate carbon emissions cuts

Oct 21, 2018

On October 9, 2018, the Hague Court of Appeal has upheld a judgment from June 24 2015 ordering the Dutch government to accelerate carbon emissions cuts. Appeal court judges ruled that the severity and scope of the climate crisis demanded greenhouse gas reductions of...

CJUE : Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges

Oct 20, 2018

On October 19, 2018, the VP of the CJUE ordered Poland to immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges. A detailed press release is available online : [button...

ECtHR – Deportation to Tunisia of a person deemed to be a threat to national security to Germany not in breach of the ECHR

Sep 28, 2018

In its decision in the case of Saidani v. Germany (application no. 17675/18) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned the applicant’s deportation from Germany to Tunisia because...

ECtHR renders judgment in Big Brother Watch and Others v. the United Kingdom

Sep 18, 2018

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)...

India : Supreme Court strucks down colonial-era law criminalizing consensual gay sex

Sep 6, 2018

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,...

ECtHR : Fatih Taş v. Turkey – violation of the right to freedom of expression of a publisher

Sep 4, 2018

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...

COMPARATIVE CASE LAWDOCTRINAL STUDIESACADEMIC EVENTS

Moratorium on Death Penalty in California

Mar 16, 2019

California Governor Gavin Newsom announced a moratorium on capital punishment on March 13 2019, granting a temporary reprieve for 737 inmates on the state’s death row. The move is reported to be highly symbolic because legal challenges have already stalled executions...

Gender-neutral ‘X’ option for birth certificates now available in NYC

Jan 2, 2019

NYC Mayor Bill de Blasio signed a new provision into a law in September 2018, making New York City the fifth place after California, Oregon, Washington state and New Jersey where people who do not identify as male or female can now opt for a third gender category of X...

Switzerland: “Swiss law, not foreign judges” proposal rejected by 66% of voters

Nov 26, 2018

On 25 November 2018, over 66 percent of voters in a Swiss referendum voted against the “Swiss law, not foreign judges” proposal. The proposal, backed by the right-wing Swiss People’s Party, called for a provision to be added to the national constitution giving it...

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...

COMPARATIVE CASE LAWLEGISLATIVE REFORMACADEMIC EVENTS

Ukrainian Private Law and the European Area of Justice, Ed. by Eugenia Kurzynsky-Singer and Rainer Kulms

Mar 19, 2019

Ukrainian Private Law and the European Area of Justice, Ed. by Eugenia Kurzynsky-Singer and Rainer Kulms 2019, Mohr Siebeck, ISBN 978-3-16-156205-1 The summary is reproduced hereafter : "Im Fokus des vorliegenden Bands steht die Entwicklung des ukrainischen...

Rechtswahl und Gerichtsstandsvereinbarung im internationalen Familien- und Erbrecht der EU, Marlene Brosch

Mar 16, 2019

Rechtswahl und Gerichtsstandsvereinbarung im internationalen Familien- und Erbrecht der EU, Marlene Brosch 2019. XXI, 288 Seiten. Studien zum ausländischen und internationalen Privatrecht 412, Mohr Siebeck, 2019, ISBN 978-3-16-156273-0 The summary is reproduced...

Exhausting Intellectual Property Rights – A Comparative Law and Policy Analysis, Shubha Ghosh & Irene Calboli

Feb 26, 2019

Exhausting Intellectual Property Rights - A Comparative Law and Policy Analysis, Shubha Ghosh & Irene Calboli Cambridge University Press, 2018, ISBN 9781316336243 The summary is reproduced hereafter: "Even as globalization seems to be in retreat in political...

Les droits humains comparés – à la recherche de l’universalité des droits humains

Feb 12, 2019

Les droits humains comparés - à la recherche de l'universalité des droits humains February 2019 DIRECTEURS DE PUBLICATION Linos-Alexandre SICILIANOS Cour européenne des droits de l’homme Caroline KLEINER et Niki ALOUPI Centre d’études internationales et européennes de...

Comparative Administrative Law

Feb 7, 2019

Comparative Administrative Law, Second Edition Edward Elgar, 2019, Research Handbooks in Comparative Law series, Edited by Susan Rose-Ackerman, Henry R. Luce Professor Emeritus of Law and Political Science, Yale University, Peter L. Lindseth, Olimpiad S. Ioffe...

International & Comparative Law Quarterly, Vol 68, Issue 1

Feb 6, 2019

Articles Panos Koutrakos, Institutional Balance and Sincere Cooperation in Treaty-Making Under EU Law Andrew Sanger, Review of Executive Action Abroad: The UK Supreme Court In The International Legal Order Tom Ruys, The Role of State Immunity and Act of State in the...

Comparative Legal History

Jan 25, 2019

Olivier MORÉTEAU, Aniceto MASFERRER, and Kjell A. MODÉER, eds., Comparative Legal History [Research Handbooks in Comparative Law series] - Edward Elgar, ISBN 9781781955215, 2019 Le résumé est reproduit ci-après : "Is comparative legal history an emerging discipline or...

Comparative Contract Law, Second Edition Cases, Materials and Exercises – Thomas Kadner Graziano

Jan 25, 2019

Comparative Contract Law, Second Edition Cases, Materials and Exercises - Thomas Kadner Graziano The summary of the book is reproduced hereafter: "Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second...

Launch of new Italian-Spanish Journal of Procedure Law (RIEDP)

Jan 22, 2019

In order to learn more about RIEDP, please visit its webpage: Description: "A new journal has been born in late 2018 that is entirely online. The Italian-Spanish Journal of...

Comparative Commercial Contracts: Law, Culture and Economic Development, Boris Kozolchyk

Jan 18, 2019

Comparative Commercial Contracts: Law, Culture and Economic Development, Boris Kozolchyk, 2018, ISBN: 9781640204126, West Academic Publishing The summary is reproduced hereafter: "This work offers a contextual comparative analysis of commercial contracts from their...

COMPARATIVE CASE LAWLEGISLATIVE REFORMDOCTRINAL STUDIES

Conferences of the Société de législation comparée on Arbitration : 1,4 and 15 April 2019

Mar 19, 2019

The Société de législation comparée organises three conferences on Arbitration : - 1 April 2019 : conférence des sections « Arbitrage ADR » et « Droit maritime » de la SLC : Droit maritime et arbitrage font-ils encore bon ménage ? - 4 April 2019 : conférence de la...

37. Tagung für Rechtsvergleichung 2019, Greifswald: Gleichheit – 19-21/09/2019

Mar 11, 2019

More information can be found via this link:

British Association of Comparative Law (BACL) Postgraduate Research Workshop on Comparative Law, 11th-12th April 2019, Lancaster

Mar 1, 2019

British Association of Comparative Law (BACL) Postgraduate Research Workshop on Comparative Law, 11th-12th April 2019, Lancaster More information can be found via this link: [button...

Indiana International and Comparative Law Review Symposium The Fight Against Trans-Boundary International Crime – Approaches, Methods and Solutions, 1 March 2019, Indianapolis

Feb 26, 2019

Indiana International and Comparative Law Review Symposium, 1 March 2019, Indianapolis The Fight Against Trans-Boundary International Crime - Approaches, Methods and Solutions More information can be found via this link: [button...