Private International Law
Course – Prof. dr. Geert Van Calster
Session 1 – Introduction
Private international law
Unlike its public international law counterpart, private international law delves into the
intricacies of cross-border civil and commercial relationships, not interactions between states.
It plays a crucial role in resolving legal disputes when individuals, companies, or activities span
international borders.
To differentiate itself from public international law, international criminal law, and civilian
procedure, private international law focuses on:
➢ Individual and private actors: Individuals, companies, and organizations navigating
cross-border legal issues take centre stage.
➢ Civil and commercial disputes: Contracts, property rights, family law, and other non-
criminal matters fall under its purview.
➢ Procedural rules: It determines which court has jurisdiction and which country’s law
applies to resolve a dispute.
While private international law’s sources might seem like a complex tapestry (rather than a
mere patchwork or spaghetti bowl), it encompasses:
➢ International treaties and conventions: Establishing common ground and resolving
legal conflicts across international borders.
➢ Regional agreements: Catering to specific needs and harmonizing legal frameworks
within regions.
➢ National laws: Each country’s domestic legal system plays a role in determining
applicable laws and procedures.
➢ Soft law: Non-binding guidelines and international practices contribute to its
development.
Sources
This course on private international law will equip us with a deep understanding of the core
legal instruments governing cross-border disputes within the European Union. We’ll focus on
four crucial regulations:
➢ Brussels I.a. Regulation: This cornerstone regulation determines which court within
the EU has jurisdiction to hear a civil or commercial case.
➢ Rome I Regulation: This regulation addresses the thorny issue of which national law
applies to contractual disputes across EU borders.
Page 1 of 100
, ➢ Rome II Regulation: Like Rome I but focusing on non-contractual obligations like
torts and unjust enrichment.
➢ Insolvency Regulation: This regulation ensures efficient and coordinated handling of
cross-border insolvency proceedings.
Understanding the Legal Framework
The European Union’s commitment to fostering judicial cooperation in civil matters with
cross-border implications forms the foundation for this course. As outlined in Article 81 of the
Treaty on the Functioning of the European Union, this cooperation may include adopting
measures to harmonize the laws of member states.
Exploring Broader Sources
While the regulations stand as the course’s central pillars, your knowledge will be enriched by
understanding additional sources:
➢ Brussels II.a. Regulation: This regulation governs jurisdiction, recognition, and
enforcement of judgments in matters relating to matrimonial matters, parental
responsibility, and international child abduction.
➢ Rome III Regulation: This regulation deals with applicable law in non-contractual
obligations arising from tort, damage caused by products, and enrichment obtained
through wrongful act.
➢ Maintenance Regulation: This regulation simplifies procedures for the enforcement
of maintenance obligations within the EU.
➢ Hague Treaties & Lugano Convention 2007: These instruments cover cross-border
aspects of civil procedure, such as service of documents, taking of evidence, and
recognition and enforcement of foreign judgments.
➢ Hague Judgment Convention 2019: This recent convention facilitates the recognition
and enforcement of foreign judgments in non-contractual and commercial matters
across a wider range of countries.
Questions public international law deals with
When legal disputes cross borders, navigating the complexities of different laws and legal
systems can be daunting. That’s where private international law steps in, providing a set of
rules and principles to answer crucial questions:
1. Where can I sue? (Jurisdiction)
Imagine someone owes you money, but they live in another country. You can’t just sue them
in any court you choose. Private international law helps determine which court has the
jurisdiction to hear your case, preventing “forum shopping” where parties chase favourable
legal grounds.
2. Which law applies? (Choice of Law)
Let’s say you signed a contract with a foreign company. If a dispute arises, whose law applies?
Private international law helps choose the relevant lex causae, the governing law, considering
factors like the contract’s nature and the parties’ connections.
Page 2 of 100
, 3. Does a foreign judgment count? (Recognition and Enforcement)
You win a case in a foreign court, but the defendant ignores the judgment back home. Private
international law tackles the recognition and enforcement of foreign judgments, ensuring fair
resolution even across borders.
4. How do courts collaborate? (Cooperation)
Collecting evidence from abroad, serving documents on foreign parties, or taking witness
statements – these tasks necessitate international cooperation. Private international law
facilitates smooth collaboration between courts, streamlining legal processes.
5. Classifying disputes accurately (Qualification)
Not all legal concepts translate seamlessly across borders. Private international law helps
qualify disputes, categorizing them within their legal system to ensure proper treatment and
application of the relevant rules.
Beckham’s alleged US liaison – Libel shopping, strategic lawsuit
against public participation (SLAPP)
The recent lawsuit filed by David Beckham against The Washington Post, claiming defamation
over allegations of an affair, raises questions about “strategic lawsuits against public
participation” (SLAPP) and the varying legal landscapes across jurisdictions.
The Jurisdictional Battlefield
The lawsuit is filed in Virginia, where the newspaper’s printing presses and servers are located.
Virginia lacks anti-SLAPP laws present in California, where Beckham and the alleged
defendant reside. This choice of a “defendant-friendly” jurisdiction potentially strengthens
Beckham’s case if it’s deemed a genuine defamation suit but raises concerns if it’s intended to
silence the defendant through legal burden.
Dueling Legal Systems
The case highlights the differing defamation standards in the US and UK:
➢ UK: The defendant must prove the truth of their statement (“truth defence”). In Johnny
Depp’s recent case, the judge found the allegations against him “substantially true.”
➢ US: The plaintiff must prove the statement’s falsity and, for public figures, “malicious
intent.” Beckham, as a celebrity, faces this higher hurdle.
While UK laws typically favour plaintiffs, the judge in Depp’s case potentially saw “DARVO”
tactics (Deny, Attack, Reverse Victim and Offender) used by the defendant. Conversely, US
laws lean towards defendants, especially public figures, but juries can sway the outcome
differently.
Cost Considerations
Page 3 of 100
, Another factor is the “costs follow the event” principle in the UK. The losing party bears both
their own and the opponent’s legal costs. This adds pressure on defendants, potentially aligning
with potential SLAPP goals.
Unveiling the Intent
Ultimately, the question remains: Is this a bona fide defamation suit seeking to clear Beckham’s
name, or a SLAPP intended to silence the defendant through legal pressure? Only time and the
legal process will reveal the true intent behind this lawsuit.
Kate Middleton’s privacy case
Kate Middleton’s lawsuit against a paparazzo highlights the complex interplay between privacy
rights, freedom of speech, and jurisdictional challenges in the digital age. Let’s unpack the key
takeaways:
Seeking Privacy Protection:
Middleton’s case involved photos taken from afar, raising questions about the boundaries of
acceptable paparazzi activity and privacy expectations.
Historically, privacy lawsuits, especially for public figures, were less common. However,
evolving legal landscapes are offering new avenues for seeking protection.
Jurisdictional Intricacies
Middleton sued in France, leveraging the “golden rule” of the Brussels Regulation to target
the defendant’s residence.
France’s privacy-protective laws favoured her, but enforcing the judgment globally proved
challenging.
The Digital Dilemma
The internet transcends borders, creating difficulties in removing unwanted content across
diverse jurisdictions with varying legal frameworks.
For example, Google might comply with an EU court order within the bloc, but the content
could remain accessible elsewhere due to differing freedom of speech protections.
Shifting Strategies
The UK’s anti-SLAPP measures are prompting individuals to reframe their claims as “misuse
of private information” under GDPR, potentially offering increased protection.
The Road Ahead:
Striking a balance between privacy rights and freedom of expression in the digital world
requires ongoing dialogue and collaboration across global legal systems.
Finding solutions to enforce judgments and address jurisdictional conflicts is crucial for
effective protection of online privacy.
Page 4 of 100
Course – Prof. dr. Geert Van Calster
Session 1 – Introduction
Private international law
Unlike its public international law counterpart, private international law delves into the
intricacies of cross-border civil and commercial relationships, not interactions between states.
It plays a crucial role in resolving legal disputes when individuals, companies, or activities span
international borders.
To differentiate itself from public international law, international criminal law, and civilian
procedure, private international law focuses on:
➢ Individual and private actors: Individuals, companies, and organizations navigating
cross-border legal issues take centre stage.
➢ Civil and commercial disputes: Contracts, property rights, family law, and other non-
criminal matters fall under its purview.
➢ Procedural rules: It determines which court has jurisdiction and which country’s law
applies to resolve a dispute.
While private international law’s sources might seem like a complex tapestry (rather than a
mere patchwork or spaghetti bowl), it encompasses:
➢ International treaties and conventions: Establishing common ground and resolving
legal conflicts across international borders.
➢ Regional agreements: Catering to specific needs and harmonizing legal frameworks
within regions.
➢ National laws: Each country’s domestic legal system plays a role in determining
applicable laws and procedures.
➢ Soft law: Non-binding guidelines and international practices contribute to its
development.
Sources
This course on private international law will equip us with a deep understanding of the core
legal instruments governing cross-border disputes within the European Union. We’ll focus on
four crucial regulations:
➢ Brussels I.a. Regulation: This cornerstone regulation determines which court within
the EU has jurisdiction to hear a civil or commercial case.
➢ Rome I Regulation: This regulation addresses the thorny issue of which national law
applies to contractual disputes across EU borders.
Page 1 of 100
, ➢ Rome II Regulation: Like Rome I but focusing on non-contractual obligations like
torts and unjust enrichment.
➢ Insolvency Regulation: This regulation ensures efficient and coordinated handling of
cross-border insolvency proceedings.
Understanding the Legal Framework
The European Union’s commitment to fostering judicial cooperation in civil matters with
cross-border implications forms the foundation for this course. As outlined in Article 81 of the
Treaty on the Functioning of the European Union, this cooperation may include adopting
measures to harmonize the laws of member states.
Exploring Broader Sources
While the regulations stand as the course’s central pillars, your knowledge will be enriched by
understanding additional sources:
➢ Brussels II.a. Regulation: This regulation governs jurisdiction, recognition, and
enforcement of judgments in matters relating to matrimonial matters, parental
responsibility, and international child abduction.
➢ Rome III Regulation: This regulation deals with applicable law in non-contractual
obligations arising from tort, damage caused by products, and enrichment obtained
through wrongful act.
➢ Maintenance Regulation: This regulation simplifies procedures for the enforcement
of maintenance obligations within the EU.
➢ Hague Treaties & Lugano Convention 2007: These instruments cover cross-border
aspects of civil procedure, such as service of documents, taking of evidence, and
recognition and enforcement of foreign judgments.
➢ Hague Judgment Convention 2019: This recent convention facilitates the recognition
and enforcement of foreign judgments in non-contractual and commercial matters
across a wider range of countries.
Questions public international law deals with
When legal disputes cross borders, navigating the complexities of different laws and legal
systems can be daunting. That’s where private international law steps in, providing a set of
rules and principles to answer crucial questions:
1. Where can I sue? (Jurisdiction)
Imagine someone owes you money, but they live in another country. You can’t just sue them
in any court you choose. Private international law helps determine which court has the
jurisdiction to hear your case, preventing “forum shopping” where parties chase favourable
legal grounds.
2. Which law applies? (Choice of Law)
Let’s say you signed a contract with a foreign company. If a dispute arises, whose law applies?
Private international law helps choose the relevant lex causae, the governing law, considering
factors like the contract’s nature and the parties’ connections.
Page 2 of 100
, 3. Does a foreign judgment count? (Recognition and Enforcement)
You win a case in a foreign court, but the defendant ignores the judgment back home. Private
international law tackles the recognition and enforcement of foreign judgments, ensuring fair
resolution even across borders.
4. How do courts collaborate? (Cooperation)
Collecting evidence from abroad, serving documents on foreign parties, or taking witness
statements – these tasks necessitate international cooperation. Private international law
facilitates smooth collaboration between courts, streamlining legal processes.
5. Classifying disputes accurately (Qualification)
Not all legal concepts translate seamlessly across borders. Private international law helps
qualify disputes, categorizing them within their legal system to ensure proper treatment and
application of the relevant rules.
Beckham’s alleged US liaison – Libel shopping, strategic lawsuit
against public participation (SLAPP)
The recent lawsuit filed by David Beckham against The Washington Post, claiming defamation
over allegations of an affair, raises questions about “strategic lawsuits against public
participation” (SLAPP) and the varying legal landscapes across jurisdictions.
The Jurisdictional Battlefield
The lawsuit is filed in Virginia, where the newspaper’s printing presses and servers are located.
Virginia lacks anti-SLAPP laws present in California, where Beckham and the alleged
defendant reside. This choice of a “defendant-friendly” jurisdiction potentially strengthens
Beckham’s case if it’s deemed a genuine defamation suit but raises concerns if it’s intended to
silence the defendant through legal burden.
Dueling Legal Systems
The case highlights the differing defamation standards in the US and UK:
➢ UK: The defendant must prove the truth of their statement (“truth defence”). In Johnny
Depp’s recent case, the judge found the allegations against him “substantially true.”
➢ US: The plaintiff must prove the statement’s falsity and, for public figures, “malicious
intent.” Beckham, as a celebrity, faces this higher hurdle.
While UK laws typically favour plaintiffs, the judge in Depp’s case potentially saw “DARVO”
tactics (Deny, Attack, Reverse Victim and Offender) used by the defendant. Conversely, US
laws lean towards defendants, especially public figures, but juries can sway the outcome
differently.
Cost Considerations
Page 3 of 100
, Another factor is the “costs follow the event” principle in the UK. The losing party bears both
their own and the opponent’s legal costs. This adds pressure on defendants, potentially aligning
with potential SLAPP goals.
Unveiling the Intent
Ultimately, the question remains: Is this a bona fide defamation suit seeking to clear Beckham’s
name, or a SLAPP intended to silence the defendant through legal pressure? Only time and the
legal process will reveal the true intent behind this lawsuit.
Kate Middleton’s privacy case
Kate Middleton’s lawsuit against a paparazzo highlights the complex interplay between privacy
rights, freedom of speech, and jurisdictional challenges in the digital age. Let’s unpack the key
takeaways:
Seeking Privacy Protection:
Middleton’s case involved photos taken from afar, raising questions about the boundaries of
acceptable paparazzi activity and privacy expectations.
Historically, privacy lawsuits, especially for public figures, were less common. However,
evolving legal landscapes are offering new avenues for seeking protection.
Jurisdictional Intricacies
Middleton sued in France, leveraging the “golden rule” of the Brussels Regulation to target
the defendant’s residence.
France’s privacy-protective laws favoured her, but enforcing the judgment globally proved
challenging.
The Digital Dilemma
The internet transcends borders, creating difficulties in removing unwanted content across
diverse jurisdictions with varying legal frameworks.
For example, Google might comply with an EU court order within the bloc, but the content
could remain accessible elsewhere due to differing freedom of speech protections.
Shifting Strategies
The UK’s anti-SLAPP measures are prompting individuals to reframe their claims as “misuse
of private information” under GDPR, potentially offering increased protection.
The Road Ahead:
Striking a balance between privacy rights and freedom of expression in the digital world
requires ongoing dialogue and collaboration across global legal systems.
Finding solutions to enforce judgments and address jurisdictional conflicts is crucial for
effective protection of online privacy.
Page 4 of 100
