The third issue of the Journal du droit international was released. It contains two articles relating to private international law and several casenotes.
The first article is authored by Prof. Jean-Baptiste Racine (Université de Nice) and presents the various Approaches to Global Law (Approches de droit global).
The English abstract reads:
This is not about promoting global law. Simply, this notion is useful because it apprehends global phenomena (such as global warming or the Internet). Global law is the law of global situations. In this way, it necessarily takes place in a post-national perspective and allows the adoption of principles of legal pluralism. Global law is highly contested, but its strengths and weaknesses are necessary to make understand the legal complexity of globalization. Related concepts as transational law make it difficult to define and its position in regard to national and international law is not always clear. But despite that, global actors have emerged both national courts and arbitration. There are also global lawyers but also global academic circles. Perhaps the greatest challenge is for the university, to globalize law education by reducing the national law in it.
The second is authored by Prof. Sandrine Clavel (Université Versailles St Quentin, Conseil national de la magistrature) and explores the relationship between Effective Judicial Protection and Rules of Private International Law (Protection juridictionnelle effective et règles de droit international privé).
Here’s the English abstract:
The principle of the effective judicial protection of individuals’ rights under EU law, referred to in the second subparagraph of Article 19 (1) TEU, is a general principle of EU law stemming from the constitutional traditions common to the Member States, which has been enshrined in Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and which is now reaffirmed by Article 47 of the Charter. The CJEU has been extensively relying on this principle to monitor the application of EU as well as national legal rules by national courts. As national courts are bound to ensure the effectiveness of the protection offered by EU law to individuals, substantive and procedural rules shall be interpreted in conformity with this objective, and where not possible, be disregarded. This article considers, based on the CJEU jurisprudence, the impact that the principle of the effective protection of individuals has, or could have, on the implementation of EU private international law rules. Whereas the impact is clear when dealing with issues regarding the court having jurisdiction, which should be considered in the light of the fundamental right to effective access to justice, it is less obvious, but still real, when it comes to identifying the applicable law.
The first article is authored by Prof. Jean-Baptiste Racine (Université de Nice) and presents the various Approaches to Global Law (Approches de droit global).
The English abstract reads:
This is not about promoting global law. Simply, this notion is useful because it apprehends global phenomena (such as global warming or the Internet). Global law is the law of global situations. In this way, it necessarily takes place in a post-national perspective and allows the adoption of principles of legal pluralism. Global law is highly contested, but its strengths and weaknesses are necessary to make understand the legal complexity of globalization. Related concepts as transational law make it difficult to define and its position in regard to national and international law is not always clear. But despite that, global actors have emerged both national courts and arbitration. There are also global lawyers but also global academic circles. Perhaps the greatest challenge is for the university, to globalize law education by reducing the national law in it.
The second is authored by Prof. Sandrine Clavel (Université Versailles St Quentin, Conseil national de la magistrature) and explores the relationship between Effective Judicial Protection and Rules of Private International Law (Protection juridictionnelle effective et règles de droit international privé).
Here’s the English abstract:
The principle of the effective judicial protection of individuals’ rights under EU law, referred to in the second subparagraph of Article 19 (1) TEU, is a general principle of EU law stemming from the constitutional traditions common to the Member States, which has been enshrined in Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and which is now reaffirmed by Article 47 of the Charter. The CJEU has been extensively relying on this principle to monitor the application of EU as well as national legal rules by national courts. As national courts are bound to ensure the effectiveness of the protection offered by EU law to individuals, substantive and procedural rules shall be interpreted in conformity with this objective, and where not possible, be disregarded. This article considers, based on the CJEU jurisprudence, the impact that the principle of the effective protection of individuals has, or could have, on the implementation of EU private international law rules. Whereas the impact is clear when dealing with issues regarding the court having jurisdiction, which should be considered in the light of the fundamental right to effective access to justice, it is less obvious, but still real, when it comes to identifying the applicable law.
The issue’s table of contents is available here.
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