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18/ Sep

Family law

4th IBA Litigation Committee Conference on Private International Law

14-15 September 2023 (Palazzo Turati, Milan, Italy)

4th IBA Litigation Committee Conference on Private International Law

Participation of Erika BERNARDI, Lawyer and Nathalie BLANGERO-BUISSON, Head of the Family Department.

"The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations, law firms and law societies.The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of more than 80,000 individual lawyers and more than 190 bar associations and law societies spanning over 170 countries"

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Conference topics:

— Private international law in wartime: the importance and development of private international law principles in the civil and commercial sphere, in times of crisis and conflict. How legal obligations between individuals and companies can be (and are) affected, including questions of applicable law and competent jurisdiction, recognition and enforcement of judgments and contractual relations.

Delicta imperii (international crime committed in violation of a peremptory norm) and state immunity: the delicate balance between protecting sovereign interests and guaranteeing state responsibility for crimes under international law that are considered to fall outside the scope of sovereign authority, such as crimes against humanity or the crime of aggression. Examination of the general principles governing international humanitarian law, the dispute between Germany and Italy* concerning compensation for victims of crimes committed by Nazi forces during the Second World War, and possible avenues for the enforcement of claims against states in the light of more recent armed conflicts.

* International Court of Justice, State Jurisdictional Immunities (Germany v. Italy; Greece intervening), judgment of February 3, 2012. The Court ruled by a majority that Italy had violated German immunity under International law, by allowing civil suits before its courts and taking measures of compulsory execution on property owned by Germany, as well as having Greek court decisions recognized in Italy on the basis of the same arguments. This conservative stance, which failed to take account of the consequences of its decision for the interests of injured parties, was strongly criticized.

— Post-Brexit issues: Litigating in the EU and UK post-Brexit - back to the old days or new dawn? Examining the following questions from the perspective of the UK, the EU 27 and a "third party" viewpoint: What is the impact on litigation within the EU? Is the jurisdiction and enforcement landscape more complicated? What about obtaining and enforcing interim measures in Europe? Are the old problems of parallel proceedings back on the agenda?

The conference working programme on the official IBA page > https://www.ibanet.org/documen...

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