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PIL.OT / RESEARCH ARCHIVE

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

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family · protection
Academic eventInternational civil procedureInternational / HCCH

Fifth Meeting of the International Transfer of Maintenance Funds Experts’ Group

HCCH on 2024-02-02 announced the development entitled “Fifth Meeting of the International Transfer of Maintenance Funds Experts’ Group”. The announcement concerns a development in the context of International / HCCH.

HCCH02 February 2024English
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Turkish Supreme Courts’ Approach on the Review of Violations of Due Process by Arbitral Awards and European Court of Human Rights’ Case-Law

Ipek Sarioz Buyukalp’s article assesses the Turkish Supreme Court’s approach to fair-trial violations in the review of arbitral awards in light of ECtHR case-law.

Ipek Sarioz Buyukalp31 January 2024Turkish
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consumer · employment
Academic publicationMigration and foreign nationals lawTürkiye

An Examination of the Social Security Rights of Seasonal Migrant Agricultural Workers: The Case of Georgia

Kantarci Ateş, Nihan Gizem authored the academic publication “An Examination of the Social Security Rights of Seasonal Migrant Agricultural Workers: The Case of Georgia” in Selçuk Üniversitesi Hukuk Fakültesi Dergisi, Vol. 32 No.

Nihan Gizem Kantarcı Ateş22 January 2024Turkish
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procedure · judgments · enforcement
Academic publicationConflict of lawsGlobal

Sustainability and jurisdiction in the international civil litigation market

The source text does not provide substantive details beyond these bibliographic facts.

Alex Mills02 January 2024English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal

Gülüm Bayraktaroğlu-Özçelik authored the academic publication “When migration meets private international law: Issues…

Gülüm Bayraktaroğlu-Özçelik authored the academic publication “When migration meets private international law: issues of private international law in divorce actions of Syrian migrants under temporary protection before the Turkish courts” in Journal of Private International Law, published on…

Gülüm Bayraktaroğlu Özçelik02 January 2024French
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corporate · investment
Academic publicationConflict of lawsEuropean Union

Extraterritoriality and the proposed directive on corporate sustainability due diligence, a recap

Olivera Boskovic authored the academic publication “Extraterritoriality and the proposed directive on corporate sustainability due diligence, a recap” in Journal of Private International Law, published on 2024-01-02.

Olivera Boskovic02 January 2024English
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arbitration · investment
Academic publicationInternational arbitration lawGlobal

Essential Security Interests in International Investment Law—a Trend towards GATTization

Prabhash Ranjan authored the academic publication “Essential Security Interests in International Investment Law—A Trend towards GATTization” in ICSID Review - Foreign Investment Law Journal, published on 2024-01-01.

Prabhash Ranjan01 January 2024English
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procedure · judgments · enforcement
Academic publicationInternational civil procedureGermany

The sourceText also links the title to a 2022 Göttingen University dissertation and gives bibliographic details for a…

The sourceText also links the title to a 2022 Göttingen University dissertation and gives bibliographic details for a 2023 Springer book publication.

Antonia Sommerfeld01 January 2024Turkish
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Milletlerarasi Ticari Tahkimde Iptal Sebebi Olarak Hakemlerin Sayisi, Nitelikleri ve Atama Usullerine Ilişkin Aykiriliklar

The article explains the role of party autonomy and statutory rules in constituting an arbitral tribunal in international commercial arbitration.

Danyal Ersari Sibel Özel31 December 2023Turkish
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family · children · parentage
Academic publicationMigration and foreign nationals lawTürkiye

Intercountry Adoptions in Türkiye According to the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption

Kerime Fatma Güntürk authored the academic publication “Intercountry Adoptions in Türkiye According to the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption” in Istanbul Medipol Üniversitesi Hukuk Fakültesi Dergisi, published on 2023-12-25.

Kerime Fatma Güntürk25 December 2023English
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consumer · employment
Academic publicationConflict of lawsTürkiye

Applicable Law to Individual Employment Contracts Containing Foreign Elements According to Supreme Court Decisions

The article summarizes the differences between the Supreme Court's decisions before and after 2020 on the law applicable to individual employment contracts containing a foreign element.

Fatih Serbest17 December 2023Turkish
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citizenship · acquisition
Academic publicationNationality lawTürkiye

Doğum Aninda Vatandaşliğin Kazanilmasinda Ius Soli Esasi

Hande Ünsal’s article, “Doğum Aninda Vatandaşliğin Kazanilmasinda Ius Soli Esasi”, addresses the acquisition of citizenship at birth on the basis of ius soli. It was published in the Public and Private International Law Bulletin on 15 December 2023.

Hande Ünsal15 December 2023Turkish
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succession
Academic publicationInternational arbitration lawInternational

Financial market regulation and private law: A new frontier of transnational commercial law

Josef Wittmann’s article in the Uniform Law Review addresses how transnational commercial law can supply a private-law framework when regulatory rules interfere with private rights and obligations in global financial markets.

Josef Wittmann01 December 2023English
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contracts · commerce
Academic publicationInternational civil procedureInternational

The avatar law and (cyber) transnational contracts

Souichirou Kozuka authored the academic publication “The avatar law and (cyber) transnational contracts” in Uniform Law Review, published on 2023-12-01. The publication forms part of the private-international-law literature concerning International.

Souichirou Kozuka01 December 2023English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

The article examines the regulation of the right to asylum in international law and the non-refoulement principle…

The article examines the regulation of the right to asylum in international law and the non-refoulement principle under Article 33 of the 1951 Geneva Convention. It also analyses the European Court of Human Rights’ case law under Article 3 of the ECHR, including the shift beginning with N.D.

Esra Yılmaz Eren24 November 2023Turkish
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arbitration · procedure
Academic publicationInternational arbitration lawTürkiye

The article examines confidentiality in arbitration as one reason for choosing arbitration to resolve international…

The article examines confidentiality in arbitration as one reason for choosing arbitration to resolve international disputes. It addresses the foundations, scope and exceptions of confidentiality, how confidentiality is ensured, and the consequences of violating the confidentiality obligation.

Öznur Gökçe Altınbaş01 November 2023Turkish
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migration · asylum · protection
Academic eventInternational civil procedureInternational / HCCH

25th Anniversary of the International Hague Network of Judges

To mark the 25th anniversary of the International Hague Network of Judges, HCCH brought together Network members from more than 30 jurisdictions in The Hague on 14 October 2023.

HCCH17 October 2023English
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ip · data · digital
Academic eventConflict of lawsItaly

Second Meeting of the HCCH-UNIDROIT Digital Assets and Tokens Joint Project

The second meeting of the HCCH-UNIDROIT Joint Project on Digital Assets and Tokens took place in Rome from 2 to 4 October 2023, in hybrid format and at the premises of the UNIDROIT Secretariat.

HCCH09 October 2023English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawAustria

Cross-Border Disaster Displacement and Non-Refoulement under Article 3 of the ECHR: An Analysis of the European Union and Austria

Margit Ammer and Monika Mayrhofer’s article in the International Journal of Refugee Law asks whether non-refoulement under Article 3 ECHR and subsidiary protection under Article 15(b) of the EU Qualification Directive can fill the protection gap for people displaced across borders by disasters and…

Margit Ammer, Monika Mayrhofer01 October 2023English
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procedure · judgments · enforcement
Academic eventInternational civil procedureArgentina

Fifth Meeting of the Working Group on Jurisdiction

The HCCH Working Group on Matters Related to Jurisdiction in Transnational Civil or Commercial Litigation held its fifth meeting in Buenos Aires from 18 to 22 September 2023.

HCCH25 September 2023English
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contracts · commerce
Legal developmentInternational civil procedureUnited Nations / Global

Issuance of Certified True Copies

The United Nations record states that the United Nations Convention on the International Effects of Judicial Sales of Ships was adopted on 7 December 2022 by General Assembly resolution 77/100 and that certified true copies were issued.

United Nations20 September 2023English
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pil · methodology
Academic publicationConflict of lawsGlobal

Capacitating personal capacity: Cross-border regulation of guardianship alternatives for adults

This article examines the cross-border regulation of guardianship alternatives for adults and the strengthening of personal capacity.

Sharon Shakargy02 September 2023English
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aviation · operations
Academic publicationInternational civil aviation lawGlobal / Aviation and space law

Summary Report of the International Institute of Air and Space Law’s (IIASL) International Air Law Conference on Aviation Cybersecurity, Leiden, Netherlands on 11th of May 2023

Nana Agyeman Abu-Bonsra’s report in Air and Space Law summarizes the International Institute of Air and Space Law’s International Air Law Conference on Aviation Cybersecurity, held in Leiden on 11 May 2023.

Nana Agyeman Abu-Bonsra01 September 2023English
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contracts · commerce
Academic publicationConflict of lawsTürkiye

(In)applicability of the CISG under Turkish Courts: A Review in the Light of Article 2(e)

The article addresses the problem of the CISG not being applied by Turkish courts. It says that, in light of the Istanbul Regional Court of Justice decision 2019/765 K.

Şerife Esra Kiraz31 July 2023Turkish
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