Invitation International Conference "Tension between universal and regional unification of private law" Rotterdam 16 & 17 February 2012
TENSION BETWEEN UNIVERSAL AND REGIONAL UNIFICATION OF PRIVATE LAW Conflict between EU law and maritime & transport law conventions
The theme of this Conference is the tension, if not direct conflict, existing between uniform EU law and conventions of uniform private law to which EU member states are party, but the EU itself is not. As is illustrated by a number of cases brought before the ECJ in recent years, courts in member states are increasingly confronted with conflicts of duty in cases where uniform EU law and conventions of uniform maritime and transport law are of simultaneous application. For courts in member states it may sometimes appear as if the only way in which to comply with EU law is by breaking their country’s obligations under international treaties and vice versa.
Although for the ECJ this conflict is resolved in principle by the rule of primacy of EU law, it nevertheless raises questions of a constitutional law nature both at the EU level and that of individual member states and further gives rise to problems of interpretation in the demarcation and co-ordination between EU law and uniform private law conventions. As is illustrated by the example of the Montreal Convention 1999, ratification by the EU and incorporation into EU law of the uniform law conventions is not the panacea which will resolve all the above problems, but may instead raise new issues e.g. about the consistency of certain elements of existing and future EU law with the EU’s new treaty obligations.
From the perspective of uniform private law, the primacy of EU law entails the risk that regionalism will prosper to the detriment of globalism in the unification of private law with regard to truly worldwide economic activities such as shipping and aviation.
Also, it challenges the principle of the autonomous interpretation of uniform private law conventions which has developed in recent decades and has been codified in the Vienna Convention on the Law of Treaties 1969. Finally, especially in relation to those maritime and transport law conventions which provide civil liability regimes for transport loss or damage and oil pollution, the primacy of EU law endangers their hard-fought exclusivity and uniformity, the loss of which would form a setback of fifty years in the development of uniform private law.
Further details about the theme, the program and the list of speakers of the conference can be found at www.erasmusacademie.nl/tension, where also the brochure to the conference may be obtained and registration can take place.
The Registration Fee for the full conference is set at €775 or €450 for a single day. Students and academics may apply for a Discount Fee of €225.
The conference is organized by Erasmus School of Law, the Rotterdam Institute for Shipping and Transport Law, Dutch Legal Network for Shipping & Transport, Erasmus Smart Port Rotterdam and Erasmus Academie in close collaboration with:
- Centre for the Law of EU External Relations (CLEER)
- Centre for European Private International Law (CEPIL)
- TMC Asser Institute
- Nederlandse Vereniging voor Zee- en Vervoerrecht (NVZV)
- Vereniging Publiek Vervoerrecht
- Nederlandse Vereniging voor Internationaal Recht (NVIR)
We hope to welcome you in Rotterdam on the 16th and 17th of February 2012.
With best regards,
Prof.mr. Frank Smeele
