Max Planck Institute for Comparative and International Private Law

Reinhard Zimmermann awarded the Antonio Feltrinelli Prize

Brexit is a done deal. Prime Minister Theresa May now faces the gargantuan task of negotiating the UK’s exit from the European Union. Disentangling the finely woven network of EU directives and regulations and national and EU law is certainly no mean feat.

The TTIP Agreement is highly controversial in the public opinion in Europe and especially in Germany. First and foremost the opponents criticize the intended arbitration process for investor-state dispute settlement (ISDS). By the supporters it is considered as a general practice.

An opinion article from Jürgen Basedow

Gone are the days in which individual states were the only bodies that set the rules.

Polish voters have spoken: after eight years of government by the Law and Justice party (PiS), Poland wants to stop the dismantling of its constitutional democracy. But how can democracy be restored if the nation’s president and its constitutional court are pursuing a different agenda? Armin von Bogdandy and Dimitri Spieker believe prudence, strategy, and ideas from the people are crucial.

To combat climate change, we need to do more than just stop burning coal, oil, and gas. We also need a change in other areas, such as our diet. Eating meat also harms the climate, yet most politicians are hesitant to intervene here. Lawyer Saskia Stucki explains why food is a taboo and how the state could effectively intervene.

Digital communication is prone to misunderstandings – and that especially applies when emojis are used. The popular pictograms are frequently understood in completely different ways, depending on age, gender, or cultural background. They are, therefore, increasingly becoming a subject for courts – for example, when contracts are concluded by e-mail or a messenger service or when posts are perceived as defamatory. Matthias Pendl, Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg, has been researching the role of emojis in (private) law considering judgements from several jurisdictions around the world.

Colonization has become a thing of the past. However, its impact can still be felt today in the form of coloniality – the way in which the world is perceived, understood and governed. One example are European legal concepts that continue to apply as a standard worldwide. Our author demands that this Eurocentric perspective be abandoned, and makes the case for a new, pluriversal understanding of law.

For the past 70 years, the German Basic Law has guaranteed the independence of judges, whose decisions are “subject only to the law.” But aren’t there other influences at play? Legal scholars Konrad Duden from the Max Planck Institute for Comparative and International Private Law in Hamburg and Jasper Kunstreich from the Max Planck Institute for European Legal History in Frankfurt am Main have researched this question and come up with some astonishing answers.

German courts are sometimes required to decide cases according to foreign law. There is often uncertainty about the correct procedure for determining and applying this law. The “Hamburg Principles on the Determination and Application of Foreign Law in German Proceedings”, which are the product of an intensive exchange between practitioners and academics, aim to support courts, experts and parties in dealing with international cases. They summarise the relevant legal framework and provide many practical recommendations.

Germany is the world’s third-largest import nation. The Supply Chain Due Diligence Act (LkSG), adopted by the German Bundestag on 11 July 2021, was preceded by long and difficult debates. For some, the law is a milestone in the fight against exploitation and environmental destruction in developing countries. For others, the legislation creates unreasonable burdens and competitive disadvantages for local companies. In addition, there are many unresolved legal issues, making factual orientation all the more important.

In Germany, freedom of testation prevails. Everyone can freely dispose of his/her property and therefore also determine by means of a will who is going to inherit it. The right to a compulsory portion fixes a clear limit concerning that power of disposal: The deceased’s closest family members are entitled to quotas of the estate. It does not matter whether they were economically dependent on the deceased. Today, however, it is increasingly rare that children are still entitled to financial support from their parents when the latter die. Hence, the compulsory portion needs to be reconsidered.

Marriage between minors is prohibited in Germany, primarily to protect girls and young women from the consequences of a premature marriage. However, the scope of the Act to Combat Child Marriage extends beyond Germany and also negates the legitimacy of marriages legally entered under foreign law. Yet it is questionable whether this is compatible with the protection of marriage and the best interests and welfare of the children involved.

The question of how to reconcile profitability with social responsibility is a key issue that is being discussed across disciplines. Amidst growing public attention to social and environmental standards as well as the fight against corruption in third countries, the debate surrounding corporate social responsibility (CSR) has also reached company law and capital markets law. It touches on fundamental questions: What purposes should modern corporations serve? What goals may they pursue? What does CSR mean for cross-border companies?