Journal du droit international: Issue 2 of 2025
The second issue of the Journal du droit international for 2025 has been released. It contains two articles and several case notes relating to private international law issues. It is also worth mentioning the 2024-2025 edition of the column dedicated to judicial cooperation in civil, criminal and arbitral matters authored by Kamalia Mehtiyeva (University Paris-Est Créteil), focusing inter alia on the impact of acute geopolitical issues in this area.
In the first contribution, Mathias Audit (University of Paris I Panthéon-Sorbonne) analyses the complex issue of the assignment of compensation claims in Investor-State disputes (La cession des créances indemnitaires dans les différends entre investisseurs et États).
The English abstract reads:
Investor-State Dispute Settlement (ISDS) allows foreign investors to claim compensation for losses caused by the host state’s breach of an obligation under international law. Specifically, ISDS claims require a finding that a state has violated these rules of conduct, giving rise to compensation for the investor. This particular liability mechanism therefore presupposes a legal relationship in which the investor is the creditor, and the host State is the debtor. Based on this background, this paper addresses the issue of the assignment of such ISDS claims, which is also the subject of a developing arbitral case law. It appears that assignments may complicate the arbitral proceedings themselves or the enforcement of the resulting awards. By examining the concept of claims in this particular context and their assignment, this article aims to situate itself at the intersection of investment law, arbitration law and private law mechanisms for the assignment of claims.
In a second article, Augustin Gridel (University of Lorraine) explores the rules of international jurisdiction in insolvency matters from a European Union perspective (Le domaine de la compétence internationale du tribunal de l’insolvabilité).
The English abstract reads:
In insolvency disputes, it is not unusual to ask the question of which court has international jurisdiction. In the context of the European law on international jurisdiction, there is a chronic difficulty over the respective application of the Brussels Ia and Insolvency Regulations: while the latter Regulation gives the insolvency court jurisdiction in all matters relating to insolvency, it is nevertheless necessary to delimit the area of jurisdiction thus assigned to it, in a context where other special, voluntary, exclusive or even ordinary jurisdictions may compete with it. The purpose of this article is to explore the rationale behind this special jurisdiction, which in many respects lies in the existence of a genuine organisation intrinsic to collective proceedings. This observation makes it possible to delimit the area of the scope, ratione materiae, of the insolvency court, which lies in the internal order of the collective proceedings.
The table of contents of the issue can be accessed here.