Developments in PIL Journals Scholarship

Revue Critique de Droit International Privé – Issue 1 of 2022

The new issue of the Revue Critique de Droit International Privé (1/2022) is out.

In an opening article, Paul Lagarde pays tribute to the memory of Pierre Gothot (1936-2021).

The editorial by Horatia Muir Watt (Sciences Po), Dominique Bureau (University of Paris II) and Sabine Corneloup (University of Paris II) will soon be available in English on Dalloz website (Amicus librorum).

The new issue contains three articles and numerous case notes.

In the first article, Harith Al-Dabbagh (University of Montreal) examines the question of cross-border circulation of foreign Islamic divorces in Quebec (Effet au Québec des divorces étrangers non dotés de l’exequatur – Le cas des divorces islamiques).

The English abstracts reads:

The mobility of individuals and families is constantly increasing. The objective of private international law is to ensure the stability and permanence of their personal and family status across borders. In a land of immigration such as Quebec, many people are getting their divorce elsewhere or settling there after a divorce pronounced abroad. The question of the recognition of divorce and its effects, independently of any exequatur procedure, is thus acutely raised. The issue has given rise to contradictory answers from the doctrine and jurisprudence. Focusing on Islamic divorces, the author attempts to determine the circumstances in which foreign divorce decisions become internationally effective in Quebec independently of any courts’ review of their legality. The study reveals that the dissolution of marriage carried out in Islamic lands frequently comes up against the border phenomenon.

In the second article, Christine Bidaud (University of Lyon 3) analyses the recent French reform concerning the probative value of foreign civil status records, in the light of French and ECtHR caselaw (La force probante des actes de l’état civil étrangers modifiée par la loi bioéthique : du sens à donner à l’exigence de conformité des faits à la réalité « appréciée au regard de la loi française »).

The English abstracts reads:

A new bioethics law was passed on August 2, 2021, in France. Most of the discussions focused on the opening of medically assisted reproduction to female couples and single women, the possibility of identifying a gamete donor, research on human embryos, and other issues of genuine bioethical concern. As for surrogate motherhood, the subject has been introduced more surreptitiously into the debates: the aim was to break the jurisprudence of the Court of Cassation regarding the transcription of foreign birth certificates for children born as a result of surrogacy.

In the third article, Marion Ho-Dac (University of Artois) explores the interplay between EU consumer law and EU private international law, taking the example of the jurisdiction over consumer contracts (Du dialogue interprétatif entre droit (matériel) de la consommation et droit international privé de l’Union – L’exemple du « for du consommateur »).

The English abstracts reads:

The EU consumer law acquis could occasionally be a source of inspiration for EU private international law in order to resolve conceptual uncertainties or fill gaps. This approach has already been followed by the Court of Justice of the European Union, with regard to the notion of consumer in the field of international jurisdiction, opening up a significant interpretative dialogue between substantive EU consumer law and EU private international law. However, the case law of the Court of Justice is far from being clear and uniform in the field, giving rise to theoretical confusion as well as legal unpredictability in B2C relationships. Against this background, the features and merits of an interpretative dialogue between consumer law and private international law in the EU legal order must be analysed. The study proposes, inter alia, to introduce an interpretative test into the reasoning of the Court of Justice based on the requirement of “systemic coherence of EU law”, in order to assess in a systematic way whether or not an intertextual analogy between substantive (consumer) law and EU private international law is appropriate.

More information is available here.

Marion is law professor at Artois University (France)

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