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The Growth, Challenges and Future Prospects for Investment Dispute Settlement, by M. KINNEAR, Vice president of the World Bank Group.
“Mutual Trust”: A Suitable Foundation for Private International Law in Regional Integration Communities and Beyond?, by M. WELLER, Professor, Universität Bonn.
“Mutual trust” has become the central justification of the EU to drive its private international law forward – the reason why this Course undertakes to explore the theoretical potential of a trust perspective on private international law. In a first step, the opaque term of trust is deconstructed in an interdisciplinary analysis. The results are connected with fundamentals of private international law. The central finding is that private international law builds on the dichotomy of trust and control: how far should foreign judgments, foreign law and other foreign judicial acts be integrated – “trusted” – within the domestic administration of justice? This question must be answered by each and every legislator and each and every court, in particular by those that strive for economic and complementing judicial integration. Recurring tools of trust management can be identified. How do regional integration communities use and fine-tune these tools for their private international law and what are potential explanations from their history, their economics and their legal cultures? Four communities, selected from different parts of the world, are presented under this perspective, ordered in a series towards growing intensities of mutual trust: the ASEAN, the CEMAC, the MERCOSUR, and the EU. The Course comes to the conclusion that trust is, must, and can be managed and dosed according to the respective conditions and contexts, but no matter where we are: to trust or not to trust – that is the question of private international law, for regional integration communities and beyond.
“Mutual Trust”: A Suitable Foundation for Private International Law in Regional Integration Communities and Beyond?, by M. WELLER, Professor, Universität Bonn.
“Mutual trust” has become the central justification of the EU to drive its private international law forward – the reason why this Course undertakes to explore the theoretical potential of a trust perspective on private international law. In a first step, the opaque term of trust is deconstructed in an interdisciplinary analysis. The results are connected with fundamentals of private international law. The central finding is that private international law builds on the dichotomy of trust and control: how far should foreign judgments, foreign law and other foreign judicial acts be integrated – “trusted” – within the domestic administration of justice? This question must be answered by each and every legislator and each and every court, in particular by those that strive for economic and complementing judicial integration. Recurring tools of trust management can be identified. How do regional integration communities use and fine-tune these tools for their private international law and what are potential explanations from their history, their economics and their legal cultures? Four communities, selected from different parts of the world, are presented under this perspective, ordered in a series towards growing intensities of mutual trust: the ASEAN, the CEMAC, the MERCOSUR, and the EU. The Course comes to the conclusion that trust is, must, and can be managed and dosed according to the respective conditions and contexts, but no matter where we are: to trust or not to trust – that is the question of private international law, for regional integration communities and beyond.
Price: $199.00
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Collected Courses of The Hague Academy of International Law - Recueil des cours
Publication Date:
23 March 2022
ISBN: 9789004514119
Format: Hardcover
Meg Kinnear, born 30 April 1957 in Montreal, Quebec, Canada.
Vice president of the World Bank Group and has been the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID) since 2009. As Secretary-General, she oversees a staff of seventy people, administering more than 300 investment arbitrations each year.
She was formerly the Senior General Counsel and Director General of the Trade Law Bureau of Canada (1999-2009). In November 2002, she was also named Chair of the Negotiating Group on Dispute Settlement for the Free Trade of the Americas Agreement. From October 1996 to April 1999, she was Executive Assistant to the Deputy Minister of Justice of Canada. Prior to this, she was Counsel in the Civil Litigation Section of the Canadian Department of Justice (June 1984 to October 1996).
She was called to the Bar of Ontario in 1984 and the Bar of the District of Columbia in 1982. She received a Bachelor of Arts from Queen’s University in 1978, a Bachelor of Laws from McGill University in 1981 and a Master of Laws from the University of Virginia in 1982.
Ms. Kinnear is currently Editor in Chief of the ICSID Review, has published numerous articles and books on international investment law and procedure, and is a frequent speaker on these topics. She is also a coauthor of Investment Disputes under NAFTA (published in 2006, updated in 2008 and 2009), Federal Court Practice (1988-1990, 1991-1992 and 1993-2009 annually) and 1995 Crown Liability and Proceedings Act Annotated (1994).
Matthias Weller, born 3 March 1971, Karlsruhe, Germany. Alfried Krupp von Bohlen und-Halbach Professor for Civil Law, Art and Cultural Property Law. One of the two directors of the Institute for German and International Civil Procedure (Institut für deutsches und internationales Zivilverfahrensrecht) at the Rheinische Friedrich Wilhelms University Bonn, Germany.
Legal education at the Universities of Heidelberg and Cambridge, UK (St. John’s College) from 1992 to 1998. Joseph Story Fellow of Private International Law at the Harvard Law School 1998-1999, working with (the late) Story Professor Arthur Taylor von Mehren. Associate to a leading law firm in Frankfurt in 2001. Research Fellow at the Institute for Comparative Law, the Conflict of Laws and International Business Law at the University of Heidelberg from 2002 to 2010. Prize-winning PhD, supported by the German National Scholarship Foundation, supervised by Erik Jayme, on the public policy control of international choice of forum agreements.
Work on more than 100 appeal cases for an attorney admitted to the bar of the Federal Court of Justice (Bundesgerichtshof) in 2008 and 2009. Habilitation in 2011. Call to a chair for civil law, civil procedure and private international law at the EBS Law School, Wiesbaden, in 2011. Call to a chair for civil law, European private law at the European Legal Studies Institute of the University of Osnabrück 2013 (turned down). Vice Dean of the EBS Law School 2014-2018. Call to the Alfried Krupp von Bohlen und-Halbach professorship for civil law, art and cultural property law in 2018.
Lecturer in the Advanced Seminar Programme of the Hague Academy of International Law in 2008. German National Reporter to the International Academy of Comparative Law in 2014 and 2018. Research stay at the Harvard Law School in 2016. External Scientific Fellow of the Max Planck Institute Luxemburg for International, European and Regulatory Procedural Law in 2017. Legal Advisor for the European Parliament in 2017. Research grant by the Federal Government of Germany for working with a team on an international “Restatement of Restitution Rules for Nazi-Confiscated Art”, 2019-2024. Fellow of the Käte Hamburger Kolleg, Bonn, in 2021. Lecturer in the Hague Academy of International Law Advanced Course in Hong Kong (First Edition) in 2021 on “Current Trends on International Commercial Dispute Settlement”.
Member of, inter alia, the International Association of Procedural Law, the German Association for Comparative Law, the European Law Institute, the European Association of Private International Law and the German Arbitration Association. One of the two general editors of the blog https://conflictoflaws.net/. More than 200 publications and 100 presentations on private international law, international civil litigation and arbitration, transnational commercial law, private law, art and cultural property law.
Vice president of the World Bank Group and has been the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID) since 2009. As Secretary-General, she oversees a staff of seventy people, administering more than 300 investment arbitrations each year.
She was formerly the Senior General Counsel and Director General of the Trade Law Bureau of Canada (1999-2009). In November 2002, she was also named Chair of the Negotiating Group on Dispute Settlement for the Free Trade of the Americas Agreement. From October 1996 to April 1999, she was Executive Assistant to the Deputy Minister of Justice of Canada. Prior to this, she was Counsel in the Civil Litigation Section of the Canadian Department of Justice (June 1984 to October 1996).
She was called to the Bar of Ontario in 1984 and the Bar of the District of Columbia in 1982. She received a Bachelor of Arts from Queen’s University in 1978, a Bachelor of Laws from McGill University in 1981 and a Master of Laws from the University of Virginia in 1982.
Ms. Kinnear is currently Editor in Chief of the ICSID Review, has published numerous articles and books on international investment law and procedure, and is a frequent speaker on these topics. She is also a coauthor of Investment Disputes under NAFTA (published in 2006, updated in 2008 and 2009), Federal Court Practice (1988-1990, 1991-1992 and 1993-2009 annually) and 1995 Crown Liability and Proceedings Act Annotated (1994).
Matthias Weller, born 3 March 1971, Karlsruhe, Germany. Alfried Krupp von Bohlen und-Halbach Professor for Civil Law, Art and Cultural Property Law. One of the two directors of the Institute for German and International Civil Procedure (Institut für deutsches und internationales Zivilverfahrensrecht) at the Rheinische Friedrich Wilhelms University Bonn, Germany.
Legal education at the Universities of Heidelberg and Cambridge, UK (St. John’s College) from 1992 to 1998. Joseph Story Fellow of Private International Law at the Harvard Law School 1998-1999, working with (the late) Story Professor Arthur Taylor von Mehren. Associate to a leading law firm in Frankfurt in 2001. Research Fellow at the Institute for Comparative Law, the Conflict of Laws and International Business Law at the University of Heidelberg from 2002 to 2010. Prize-winning PhD, supported by the German National Scholarship Foundation, supervised by Erik Jayme, on the public policy control of international choice of forum agreements.
Work on more than 100 appeal cases for an attorney admitted to the bar of the Federal Court of Justice (Bundesgerichtshof) in 2008 and 2009. Habilitation in 2011. Call to a chair for civil law, civil procedure and private international law at the EBS Law School, Wiesbaden, in 2011. Call to a chair for civil law, European private law at the European Legal Studies Institute of the University of Osnabrück 2013 (turned down). Vice Dean of the EBS Law School 2014-2018. Call to the Alfried Krupp von Bohlen und-Halbach professorship for civil law, art and cultural property law in 2018.
Lecturer in the Advanced Seminar Programme of the Hague Academy of International Law in 2008. German National Reporter to the International Academy of Comparative Law in 2014 and 2018. Research stay at the Harvard Law School in 2016. External Scientific Fellow of the Max Planck Institute Luxemburg for International, European and Regulatory Procedural Law in 2017. Legal Advisor for the European Parliament in 2017. Research grant by the Federal Government of Germany for working with a team on an international “Restatement of Restitution Rules for Nazi-Confiscated Art”, 2019-2024. Fellow of the Käte Hamburger Kolleg, Bonn, in 2021. Lecturer in the Hague Academy of International Law Advanced Course in Hong Kong (First Edition) in 2021 on “Current Trends on International Commercial Dispute Settlement”.
Member of, inter alia, the International Association of Procedural Law, the German Association for Comparative Law, the European Law Institute, the European Association of Private International Law and the German Arbitration Association. One of the two general editors of the blog https://conflictoflaws.net/. More than 200 publications and 100 presentations on private international law, international civil litigation and arbitration, transnational commercial law, private law, art and cultural property law.