Articles Developments in PIL Scholarship

Hatzimihail on Private International Law Matters Involving Non-recognized States

Nikitas Hatzimihail (University of Cyprus) has published on SSRN an article titled Private International Law Matters involving Non-Recognized States: The View from Cyprus.

The abstract reads as follows:

This essay examines how private-law matters involving non-recognised States and territories under de facto administration from the post-Soviet space are dealt with in Cyprus – a jurisdiction of interest, whose approach is influenced by the existence of a Turkish-controlled de facto administration in its north. The chapter proposes a distinction between cases concerning the establishment of forum jurisdiction over a private party, cases which potentially involve the application of law, or legal actions, in or regarding, the contested space and cases in which the forum may be seen as called to acknowledge, explicitly or implicitly, the political entity itself. The article advocates an approach of principled pragmatism, which takes into account both the legitimate private interests and the political repercussions of any legal decision.

The article is to be published in Alexander Trunk et al (eds.), Legal Position of Non-Recognized States in the Post-Soviet Space under International Trade Law, Private International Law and International Civil Procedure, Springer Science: 2022.

A conference of the same title as the above-mentioned volume was organized in July 2018 in Bordesholm and Kiel. The programme and some of presentations may be downloaded from the website of the conference.

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