Posts Tagged ‘International law’

2014 Canadian International Law Students Conference

January 28, 2014

CILSC

I am privileged to be the keynote speaker at the upcoming  2014 Canadian International Law Students Conference, jointly presented by the International Law Society of University of Toronto Faculty of Law and Osgoode Hall Law School on Saturday, 1 February 2014 from 9:30 AM to 6:00 PM (EST). Here are the event details:

Event Details

The CILSC provides a forum for law students, academics, practitioners, and leaders in the field to exchange ideas about Canada’s international and domestic performance in public and private international law. Speakers will also touch on how to begin exploring a career in this field. For speaker bios visit www.cilsc.com

The conference has a history of attracting prominent speakers involved in the practice and study of international law. This year we are featuring speakers across five panels:

Panel 1: Litigating Foreign Cases in Canadian Courts
Panel 2: International Intellectual Property Law
Panel 3: Careers in Public International Law
Panel 4: Careers in Private International Law
Panel 5: Law and the Syrian Crisis

Schedule:

9:30-9:45 Introductions
9:45-11:00: Substantive panel 1 (Public)
11:15-12:30: Substantive panel 2 (Private)
12:30-1:30: Lunch
1:30-2:30: Concurrent Career Panels
2:45-4:00 Substantive Panel (Syria)
4:00-5:30 Reception

Ticket Information:

Online Student Ticket: $12.00

In-person Student Ticket: $10.00

For in-person tickets, Osgoode students please contact cassandrastefanucci@osgoode.yorku.ca; U of T students please contact james.rendell@mail.utoronto.ca or ws.wu@mail.utoronto.ca. These tickets will be available at the door.

Professional Tickets: $75.00

Current members of the bar who attend the conference are eligible for up to 3.75 hours of CPD credits. We will provide holders of Professional Tickets materials to be submitted to the law society for CPD credits.

If you’re interested in a career in international law or want to hear about the latest international law developments from leading academics and practitioners , this is a must-attend program.

Tanya J. Monestier, “Jurisdiction and the Enforcement of Foreign Judgments”

January 16, 2014

Tanya J. Monestier (Roger Williams University School of Law) has published “Jurisdiction and the Enforcement of Foreign Judgments”, The Advocates’ Quarterly, Vol. 42, p. 107, 2013/ Roger Williams Univ. Legal Studies Paper No. 143. Here’s the abstract:

In April 2012, the Supreme Court of Canada released its decision in what has become the pivotal case on personal jurisdiction in Canada, Van Breda v. Club Resorts Ltd. In Van Breda, the Court laid out a new framework for, and defined more precisely the content of, the “real and substantial connection” test that governs the assertion of jurisdiction over ex juris defendants. Specifically, the Court created four presumptive connecting factors that courts are to use in jurisdictional determinations. The presumptive connecting factors approach to jurisdiction was intended to increase certainty and predictability in jurisdictional determinations.

One issue that was alluded to, but ultimately left unanswered, by the Supreme Court in Van Breda was what effect the new presumptive factors framework for the real and substantial connection test had on the enforcement of judgments. Since the Supreme Court’s seminal decision in Morguard Investments Ltd. v. De Savoye in 1990, it is well established law that the real and substantial connection test for jurisdiction simpliciter is intended to be “correlated” with the real and substantial connection test used as a predicate for enforcing foreign judgments. Does this mean that courts are now supposed to use the new Van Breda framework for jurisdiction simpliciter in the judgment enforcement context? This article argues that the real and substantial connection framework established by the Court in Van Breda for jurisdiction simpliciter should not be exported outside of the particular context in which it was developed. The Van Breda approach to jurisdiction simpliciter, although seemingly straightforward, is actually a blunt tool for assessing jurisdiction – and any concerns with its application would only be magnified if applied to the enforcement of foreign judgments.

A copy of the article is available at SSRN here.

Ted Folkman on “Two Modes of Comity”

June 7, 2013

Ted Folkman (Murphy & King, P.C., author of Letters Blogatory) has posted “Two Modes of Comity”, University of Pennsylvania Journal of International Law, p. 101, 2013. Here’s the abstract:

Some have suggested that US courts should not deny recognition and enforcement to foreign judgments on grounds of fraud or a denial of due process in the particular foreign proceeding, as long as the foreign judiciary is systematically adequate. This paper, based on remarks given at the University of Pennsylvania Journal of International Law’s Fall 2012 Symposium, evaluates that suggestion by considering the various kinds of comity that US courts accord to one another, in particular, the comity required by the Full Faith and Credit Clause and the comity a federal court gives to a state court in habeas corpus cases. It outlines the ways in which each of these two models of comity can be a model for US treatment of foreign court judgments, and it considers recent decisions in which US courts have shown a tendency to use a more deferential model of comity when considering whether to recognize foreign judgments.

Download a copy of the paper via SSRN here.

Donald Earl Childress III, “Forum Conveniens: The Search for a Convenient Forum in Transnational Cases”

February 4, 2013

Donald Earl Childress III (Pepperdine University School of Law) has posted “Forum Conveniens: The Search for a Convenient Forum in Transnational Cases”, Virginia Journal of International Law, Vol. 53, No. 1, p. 157, 2012.  The abstract reads:

This Article examines the forum non conveniens doctrine as it is applied by federal courts and state courts in present-day transnational litigation. The Article also explores what happens when the doctrine is invoked in cases involving foreign sovereigns. The Article uncovers empirical evidence suggesting increased use of the forum non conveniens doctrine by courts. Unfortunately, this increased use does not come with clear standards for application. After considering the underlying rationales for the doctrine and whether they are effectuated by the current doctrine’s usage in transnational cases, the Article proposes a new series of rules and factors to be balanced by courts when asked to apply the doctrine.

 A PDF copy of the paper is available for download on SSRN here.

Marko Milanovic, “Domestic Court Decisions as Sources of International Law and Their Effects on the International Plane”

January 31, 2013

Marko Milanovic (University of Nottingham School of Law) has posted “Domestic Court Decisions as Sources of International Law and Their Effects on the International Plane”. The abstract reads:

This was an introductory paper at the Third ILDC Colloquium, held at the University of Glasgow, 19 May 2011. It broadly covers two sets of issues: first, the place of the decisions of domestic courts within the doctrine of sources in modern international law, and second, the myriad of effects that these decisions can have on the international plane. It discusses inter alia the role of domestic courts as agents of international legal development and socializers of states through norm internalization, as well as their roles in generating, avoiding or resolving international disputes and checking international law and institutions against other norms and values.

Download a pdf copy of the paper at SSRN here.


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