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PIL.OT / RESEARCH ARCHIVE

PIL.OT Archive

Research private international law developments by year, topic, legal field and author.

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transport
Academic publicationInternational civil aviation lawNetherlands

Competing Climate Change Responses: Reflections on EU Unilateral Regulation of International Transport Emissions in Light of Multilateral Developments

The article examines the 2016 progress by ICAO and IMO toward regulating emissions from international aviation and maritime transport, together with the EU’s approach of threatening unilateral measures in the absence of multilateral action.

Natalie L. Dobson10 June 2020English
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arbitration · agreement · seat
Academic publicationInternational arbitration lawUnited Kingdom

Tax and Arbitration

William W. Park authored the academic publication “Tax and Arbitration” in Arbitration International, published on 2020-05-25.

William W Park25 May 2020English
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succession
Academic publicationConflict of lawsChina

Global PPPs and the Choice of Law Challenge

The article examines public-private partnerships as an important legal structure for delivering infrastructure services under the Belt and Road Initiative, focusing on challenges of risk management and governance.

Yock Lin Tan21 May 2020English
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ip · data · digital
Academic publicationConflict of lawsChina

The Treaty as to Commercial Relations of 1903: China and Extraterritoriality

Raphaëlle P Soffe authored the academic publication “The Treaty as to Commercial Relations of 1903: China and Extraterritoriality” in The Chinese Journal of Comparative Law, published on 2020-05-21. The publication forms part of the private-international-law literature concerning China.

Raphaëlle P Soffe21 May 2020English
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procedure · judgments · enforcement
Academic publicationInternational civil procedureTürkiye

Issues Arising from the Indeterminacy of the Chosen Court in Jurisdiction Agreements in Favor of Foreign Courts

In an article published in the Public and Private International Law Bulletin, Ilyas Arslan addresses the issues arising where a jurisdiction agreement in favour of a foreign court does not identify the chosen court with sufficient specificity.

İlyas Arslan15 May 2020French
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ip · data · digital
Academic publicationConflict of lawsTürkiye

Internet Üzerinden Akdedilen Sözleşmelere Uygulanacak Hukuk

This article examines the law applicable to contracts concluded over the internet.

Turgay Sarıakçalı12 May 2020Turkish
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succession
Academic publicationConflict of lawsGlobal

The EU Succession Regulation and forced heirship: A potential violation of German public policy?

This article examines the interaction between the EU Succession Regulation and forced heirship, and whether the regulation may violate German public policy.

Dorota Miler03 May 2020English
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procedure · judgments · enforcement
Academic publicationConflict of lawsGlobal

Enforcement of mediation settlement agreements in the EU and the need for reform

This article examines the enforcement of mediation settlement agreements in the European Union and the need for reform in this area.

Haris P. Meidanis03 May 2020English
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arbitration · investment
Academic publicationInternational arbitration lawGlobal / European Union

Understanding ICSID Article 54

The abstract addresses the scope of national-court inquiry when enforcing an ICSID award under Article 54 of the ICSID Convention, discusses EU-law autonomy and public-policy objections, and concludes that enforcement should be subject to procedures no more restrictive or onerous than those…

George A Bermann01 May 2020English
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pil · methodology
Academic publicationNationality lawUnited Kingdom

Passports, the Right to Travel, and National Security in the Commonwealth

Paul F. Scott’s article compares the development of the law governing the use of passports as an instrument of national security in the United Kingdom, Canada, Australia and New Zealand.

Paul F. Scott01 April 2020English
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succession
Academic publicationInternational arbitration lawTürkiye

Thoughts on the Organisation of Islamic Cooperation Arbitration Center as an Example of an Institutional Arbitration Center

The article examines the Organisation of Islamic Cooperation Arbitration Center as an example of an institutional arbitration center.

İbrahim Özbay · Murat Erdem30 March 2020Turkish
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ip · data · digital
Academic publicationInternational arbitration lawEgypt

International Investment Agreements and National Governance: The Case of Egypt

The article by Reem Anwar Ahmed Raslan, published in Arab Law Quarterly, examines the interaction between international investment agreements and Egypt’s legal regime as a host country.

Reem Anwar Ahmed Raslan16 March 2020English
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procedure · judgments · enforcement
Academic publicationInternational civil procedureNetherlands

The Exclusion of Privacy Matters from the Judgments Convention

Cara North’s article “The Exclusion of Privacy Matters from the Judgments Convention” was published in the Netherlands International Law Review.

Cara North13 March 2020English
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contracts · commerce
Academic publicationConflict of lawsTürkiye

The Parties’ Roles in Establishing and Applying Foreign Law

Volkan Özçelik examines the determination and application of foreign law in private-law transactions and relationships containing a foreign element.

Volkan Özçelik09 March 2020Turkish
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family · children · parentage
Legal developmentInternational civil procedureInternational / HCCH

Publication of the Guide to Good Practice under the Child Abduction Convention: Part VI – Article 13(1)(b)

HCCH News on 2020-03-09 published the legal development “Publication of the Guide to Good Practice under the Child Abduction Convention: Part VI – Article 13(1)(b)”.

HCCH News09 March 2020English
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Limits of Party-Autonomy in Annulment Proceedings in Commercial Arbitration

The article examines the limits of party autonomy at the annulment stage in international commercial arbitration.

Özlem Candeldek Akın05 March 2020Turkish
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consumer · employment
Academic publicationConflict of lawsSpain

Alfonso-Luis Calvo Caravaca's article in CUADERNOS DE DERECHO TRANSNACIONAL examines recent trends in the Court of…

Alfonso-Luis Calvo Caravaca's article in CUADERNOS DE DERECHO TRANSNACIONAL examines recent trends in the Court of Justice of the European Union's case law on consumer contracts.

Alfonso-Luis Calvo Caravaca05 March 2020Spanish
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property · cultural · assets
Academic publicationConflict of lawsSpain

Power of attorney authorized by foreign notaries and purchase of property located in Spain

The article states that a power of attorney executed abroad and used for the sale or acquisition of immovable property in Spain must be granted before a foreign notary carrying out functions similar to those of a Spanish notary.

Alfonso-Luis Calvo Caravaca, Javier Carrascosa González05 March 2020French
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aviation · aircraft · finance
Academic publicationInternational civil aviation lawTürkiye

The Cape Town Convention on International Interests in Mobile Equipment and Its Additional Protocols

Ekşi, Nuray authored the academic publication “The Cape Town Convention on International Interests in Mobile Equipment and Its Additional Protocols” in Istanbul Hukuk Mecmuasi, Vol. 78 No.

Nuray Ekşi03 March 2020Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal

The Legal Abyss of Discretion in the Resettlement of Refugees

Tom de Boer and Marjoleine Zieck’s article in the International Journal of Refugee Law examines how discretion operates in the resettlement of refugees and whether that leaves a legal void and room for arbitrariness.

Tom de Boer; Marjoleine Zieck01 March 2020English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawEurope / Migration law

The “Internal” Dimension of the Safe Country Concept: The Interpretation of the Safe Third Country Concept in the Dublin System by International and Internal Courts

Sílvia Morgades-Gil’s article examines how international, European and domestic courts and other institutions interpret the safe third country concept within the Dublin system.

Sílvia Morgades-Gil26 February 2020English
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succession
Academic publicationMigration and foreign nationals lawEuropean Union

No Solidarity without Loyalty: Why Do Member States Violate EU Migration and Asylum Law and What Can Be Done?

The article examines Member States' infringements of EU migration and asylum law as violations of the principle of inter-state solidarity and discusses the reasons for those infringements.

Iris Goldner Lang26 February 2020English
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family · marriage
Academic publicationConflict of lawsTürkiye

Validity of Child Marriages of Syrians Under Temporary Protection in Comparative and Turkish Law

The article addresses the legal aspects of child marriages contracted by Syrians under temporary protection in Turkey.

Ayşe Elif Ulusu Karataş12 February 2020Turkish
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family · marriage
Academic publicationInternational civil procedureTürkiye

Recognition and Enforcement of Foreign Administrative Decisions: Family-law Rules Outside the Turkish PIL Code

Sercan Ecemiş examines the conditions governing the recognition and enforcement of foreign decisions in Turkish law. The central issue is the general requirement that a foreign decision must have been issued by a court, and the consequences of that requirement for foreign administrative decisions.

Sercan Ecemiş23 January 2020Turkish
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