“Religionsfreiheit und Kinderrechte”

Die Auseinandersetzung um die rituelle, medizinisch nicht indizierte Genitalbeschneidung unmündiger Jungen findet seit dem Urteil des Kölner Landgerichts vom Mai 2012 in ganz Europa statt. Viele Disziplinen sind von dieser Auseinandersetzung betroffen: Die Ethnologie, die Medizin, die Soziologie, die Geschichte, aber natürlich auch die Rechtswissenschaften. Die Diskutanten gehen dieser Thematik im Hinblick auf die Kinderrechte, insbesondere das Recht auf körperliche Unversehrtheit, das elterliche Erziehungsrecht sowie das Grundrecht auf Religionsfreiheit nach.

Prof. Philippe LORTIE – Direct judicial communications under the 1980 Hague Child Abduction Convention and the International Hague Network of Judges

The principal aim of the International Hague Network of Judges (IHNJ) is to improve the operation of the Hague Child Abduction Convention and the handling of other cross-border civil cases relating to children by promoting international judicial co-operation. By creating direct contact points between members of the judiciary in different States, speedier and more satisfactory resolutions of cross-border disputes involving children, and in particular child abduction cases, will be achieved. The IHNJ also allows for the exchange of information between judges to increase knowledge and improve practice under the 1980 Convention and under other Hague Children’s Conventions, as appropriate.

Further to presenting the IHNJ, the Emerging Guidance regarding the development of the IHNJ and the General Principles for Judicial Communications, including…

Prof. GU Minkang – Development of Enterprises: Systems and Relevant Theories from the Angle of Company Law

According to traditional company law theories, there are at least ve dierences between a Company and a partnership:

(1) a company is a legal person while a partnership (or sole proprietorship) is not,
(2) shareholders of a company can enjoy limited liability while partners bear unlimited liability,
(3) a company faces double Taxation while a partnership does not pay taxes,
(4) a Company has an independent personality and enjoys an independent management power while in a partnership situation, only partners operate the business,
(5) a company is mainly regulated by law while partnership is mainly regulated by contract.

Based on the recent developments of US Company law and other business laws, this lecture intends to point out that these distinctions are becoming…

Prof. Olga KHAZOVA – The Concept of the Best Interests of the Child and New Forms of Families

The main focus of the lecture will be the concept of the best interests of the child, stipulated in the UN Convention on the Rights of the Child. This concept is considered to be one of the most important and difficult to be applied in practice. In family-related situations, there are many factors that need to be taken into account when assessing what is in the best interests of a particular child. This task with regard to what is called ‘new forms of families’ or ‘alternative families’ is even much more difficult.

At the same time this is increasingly becoming an evolving issue in Europe. Apart from that, it is often linked to another complicated and challenging topic – the right…

Prof. Franz Werro – European Private Law: Quo Vadis?

European private law has been in the making for a number of decades. The main goal has been to serve the needs of the Single Market. Despite a variety of eorts to make national private laws converge, little unity has emerged. Nevertheless, the Single Market has survived and even grown. This talk oers a critical assessment of the EU’s achievements in the development of European private law. It will examine how the ECJ has interpreted the EU Directives in key areas of contract and tort, and ask to what extent the case law of the European court has harmonized the law in these elds.

The presentation will also reect on possible alternatives to the Directives, and question the meaning and need of…

Prof. Frederick Schauer – Constitutionalism and its Costs

There are many conceptions of constitutionalism, and many aspects of it even within particular conceptions. But one important dimension of constitutionalism is the way in which constitutions impose second-order constraints on first-order policy, political, and moral preferences. Policies or decisions that might on the balance of reasons be wise may still be unconstitutional because they are procedurally imperfect or, more importantly, because they violate rights-based side constraints on otherwise advantageous policies. Even welfare- or happiness- or utility-maximizing policies may still be unconstitutional because they infringe on, for example, rights to equality, or rights of freedom of expression or freedom of religion, or the rights of those charged with crimes.

Sometimes constitutions impose such second-order constraints on first-order policies because of a…

Prof. Schuz – Disparity and the Quest for Uniformity in Implementing the Hague Child Abduction Convention

The Hague Convention on the Civil Aspects of International Child Abduction (“Abduction Convention”) 1980 came into force in December 1983. A central objective of the conventions concluded under the auspices of the Hague Conference on Private International Law is to harmonize the law governing topics involving international elements. The more widely ratified the Convention, the greater the extent to which this objective appears to be realized. In this respect, the Abduction Convention can perhaps be seen as the most successful of all the Hague Conventions, with 92 Member States (as of April 2014). However, true harmonization also requires uniformity in interpretation and implementation of the Convention .

This lecture will discuss some of the disparities in the way in which the…

Prof. Samuel R. SIMON – Conflict of Laws and Core American Constitutional Values: The Collision of Freedom of the Press and a Criminal Defendants Fundamental Constitutional Rights

This lecture by a distinguished practicing attorney and professor of law addresses the issues that arise in the United States when the constitutional right of a free press collides with a criminal defendant’s constitutional rights to a fair trial, to a fair and impartial jury, and to due process of law.

In the American criminal justice system, an accused criminal defendant is innocent until proven guilty at trial. To this end, he enjoys a panoply of unalienable constitutional rights that the courts jealously guard at each stage of the proceedings. Equally, every American school child knows that freedom of the press — the constitutional freedom to publish without let or hindrance — is protected by the courts to the utmost possible…

Prof. Lin – Central-local Relationship in China and its Future

Central-local relationship is an important constitutional issue which every nation, whether big or small, needs to deal with. It is usually prescribed for by the constitution of the nation. The formation of the central-local relationship in a specic nation often has its historical reasons. In nations adopting a federal system, such as the United States of America, Australia and India, local governments, especially state or provincial governments, are the basis for the establishment of federal government, which is the central government. In nations
adopting a unitary system, such as the United Kingdom (“the UK”) and China, the purpose to set up local governments is to administer the state aairs more eciently. In many nations, either federal or unitary, all local…

Prof. Dozhdev – Development of Property Rights in the Russian Federation: European Legal Tradition and Post-Soviet Transition

The system of property rights in the current Russian legal framework as well as in the proposed Draft Amendments to the Civil Code (which will be adopted in 2014) are analyzed from a comparative law perspective.

The lecture will focus on both the conceptual framework of property rights in the Russian legal system as well as on practical issues in regard to judicial protection, acquisition and limitation of ownership and other real rights. In addition, the social and economic implications of the concept of property will be discussed.

In a systematic analysis, property rights according to the Continental European tradition are contrasted with concepts and notions of Common Law. In this context, the problems of eventual legal transplantation are thoroughly assessed. The…