Conflict of Laws in Conflict Areas
Conflict of laws rules and more broadly private international law rely on the existence and interaction of jurisdictions of different States and establish a set of rules for their coordination. The existence of States and their status under public international law appears, therefore, fundamental for the application of these rules. Inter-States conflicts and civil wars, such as those that are currently taking place in Ukraine, may create uncertainties as to: the identification of the authorities responsible for the concerned territories, the consequences of the imposition of restrictive measures (or sanctions) against State or non-State actors, as well as the interplay of a number of not always coherent international rules and principles (e.g. the duty of non-recognition of unlawful situations, the protection of foreign direct investment, etc.). These uncertainties impact on the application of conflict of laws rules and the regulation of private law matters, the settlement of disputes, as well as the circulation of awards rendered and measures adopted by authorities in the affected areas.
The present Webinar wants to discuss the impacts of conflicts on private international law, with special focus on the situation in Ukraine, the Donbass region, Crimea, and Russia; bearing in mind that these conflict areas do not represent a unicum in the international panorama (e.g., among the others: the case of Somaliland, Taiwan, Palestine, Northern Cyprus, Nagorno-Karabach, Transnistria, Southern Ossetia and Abkhazia). After a brief introduction on the interplay between public international law and private international law with respect to the recognition of States and their acts (Turrini), the Seminar will discuss private international law issues involving non-recognised States with focus on the self-proclamation of independence of the Republics of Donetsk and Luhansk (Hatzimihail), and the application of the domestic laws on investments in case of inter-state contestations of sovereignty and de facto entities and the circulation of awards (Faccio). The Webinar will also illustrate what are current restrictions on economic relations with Crimea and Sevastopol, and with the non-government-controlled areas of Donetsk and Luhansk (Alì) and their effects in the realm of private international law (Szabados).
Programme
Recognition of States and of their acts between public and private international law
- Paolo Turrini, Associate Professor, Department of Law, University of Trento (Trento, Italy)
Private international law issues involving non-recognised States: the case of Donbass (online)
- Nikitas Hatzimihail, Full Professor, Department of Law, University of Cyprus (Nicosia, Cyprus)
The application of domestic laws on investments in case of inter-state contestations of sovereignty and de facto entities: private international law issues
- Sondra Faccio, Assistant Professor, Department of Law and SIS, University of Trento (Trento, Italy)
Restrictions on economic relations with Crimea and Sevastopol, and with the non-government-controlled areas of Donetsk and Luhansk, between public and private international law
- Antonino Alì, Associate Professor, Department of Law and SIS, University of Trento (Trento, Italy)
Economic sanctions and private international law: focus on sanctions against Russia (online)
- Tamás Szabados, Associate Professor, ELTE Eötvös Loránd University (Budapest, Hungary)
Q&A
Scientific Committee: Sondra Faccio, Assistant Professor – sondra.faccio [at] unitn.it
Attendance in person in room 8 is reserved to students and scholars of UniTn.
All other people interested can follow the event through the Zoom platform. In order to receive the link for attendance via Zoom, please register using the online form (deadline: April 6th at 12:00).
L'evento è accreditato presso l'Ordine degli Avvocati di Trento, che ha deliberato la concessione di n. 1 crediti formativi in materia non obbligatoria.
