International Private and Procedural Law
Questions concerning international legal jurisdiction, cross-border cooperation among courts and judicial authorities, the applicability of foreign legal norms, and the legal force of national court decisions abroad form the foundation of this research area. The advancement of international private law, especially the growing body of conflict-of-law rules in EU legislation, informs the topics of many of the Institute’s research projects.
Along with its comprehensive presentation of this area of law in the Encyclopedia of Private International Law, in recent years the Institute has worked on topics including the relationship of IPR to human rights, the internationalisation of collective labour law, international data protection private law, international succession and property law, and the uniform private law of international conventions and soft law.
The virtual workshop series “Current Research Topics in Private International Law" is organised by Prof. Dr. Ralf Michaels and Christine Toman. The series features guest speakers and Institute staff members who present and discuss their work on current developments and research topics in private international law.
Selected Research Projects
In 2017, the Law to Combat Child Marriage came into force in Germany, preventing minors in Germany from entering into a marriage and rendering without effect marriages concluded by minors abroad. This law is now being subject to constitutional scrutiny. A team of academics led by Nadjma Yassari and Ralf Michaels has authored a comparative assessment for the Federal Constitutional Court (BVerfG) that examines the phenomenon of early marriage in the context of various legal systems and cultures.
Private International Law (PIL) is seen by many as the most technical of all legal disciplines. Whereas theoretical questions and debate over the appropriate methodology tend to determine the issues addressed in the field, its philosophical underpinnings are mostly neglected. In a parallel manner, PIL plays only a minimal role in legal philosophy. Addressing and closing this gap is the aim of a new interdisciplinary project.
Gender-based stereotypes, inequalities, and power relationship shape our globalized law. Constructions of gender identity work across borders in complicated and sometimes invisible ways. Highlighting, assessing, and addressing these aspects is of critical importance, both in the area of traditional family law and in all other legal areas.
The United Nations has formulated and adopted 17 goals for sustainable development, encompassing aims ranging from the eradication of poverty to gender equality. While the goals and their implications have attracted significant attention in many academic – and legal – fields, they have thus far received little consideration in the arena of private law.
With the steady advance of globalisation, the practical significance of private international law has grown significantly. The array of private international law questions arising in disputes and court procedures stemming from cross-border private relations has become standard fare for legal practitioners.With the Encyclopedia of Private International Law, there now exists a reference work that explores these developments not only thematically but also from a country-specific perspective.