M-EPLI Roundtable: ‘Walking on Common Grounds? New Insights on the Asian, European, and Latin American Principles of Contract Law’, 26 January 2016, Maastricht

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The Roundtable will attend the Asian, European, and Latin American principles of contract law from a comparative law perspective. Scholars from each of the three continents will share their insights on the status, merits, and potential of the existing contract law principles.

Location: Boardroom (B1.019), Faculty of Law, Maastricht University

For more information and registration, please contact Dr. Agustín Parise (agustin.parise@maastrichtuniversity.nl).




9:00      Opening Remarks, Jan Smits (Maastricht University, The Netherlands)


First Session: Latin America


Moderator: William Bull (Maastricht University)

9:05      Agustín Parise (Maastricht University)

Third-generation Civil Codes: Interaction of New Codes and Harmonizing Principles in Latin America

9:25      Discussion

9:45      Rodrigo Momberg (University of Oxford, UK)

The Principles of Latin American Contract Law: Looking for Identity

10:05     Discussion

10:25     Iñigo de la Maza (Universidad Diego Portales, Chile)

The Concept of Contract in the Principles of Latin American Contract Law

10:45     Discussion

11:05     Coffee Break


Second Session: Asia and Europe


Moderators: Liuhu Luo and Jiangqiu Ge (Maastricht University)

11:30     Shiyuan Han (Tsinghua University, China)

The Principles of Asian Contract Law: What has been done and What’s going on

11:50     Discussion

12:10     Jan Smits

Principles of Contract Law: Beyond Common Ground

12:30     Discussion


12:50     General Discussion, moderated by Janwillem Oosterhuis (Maastricht University)


13:10     Closing Remarks, Agustín Parise

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MEPLI Presents Its “Law after Dark” Series with an Inaugural Talk by Stephen Bogle

Who: Stephen Bogle (MA, LLB, Dip LP, LLM, Solicitor)

s200_stephen.bogleStephen Bogle is a lecturer in Private Law at the University of Glasgow and a PhD Researcher at the University of Edinburgh. His research focuses on the emergence of a will theory of contract in Scotland, looking at how theology and natural law philosophy interacted with legal development in Scotland during the seventeenth century. Stephen’s research also touches upon obligations, including, but not limited to contract theory, legal history, and contemporary issues in consumer and commercial law.

Stephen graduated from the University of Edinburgh MA (Hons) (Mental Philosophy) (2005), the University of Strathclyde LL.B (Ordinary) (2007), the Glasgow Graduate School of Law Dip LP (2008), and the University of Edinburgh LLM by Research (Distinction) (2012). Stephen is also a qualified solicitor having trained at Maclay Murray & Spens LLP between 2008 and 2010.

What: Talk by Stephen on “Fairness, Just Price & Complex Markets: Lessons from Sir David Dalrymple’s Pamphlet Circa 1720”, followed by an open discussion with those in attendance. Drinks and snacks will be served.

When: 14 May 2015 (6:00pm – 8:00pm) [Please be advised that this is the first day of Ascension, which means that the Faculty of Law will be closed].

Where: Conference Room of the Café Tribunal (Tongersestraat 1, 6211 LL Maastricht).

How: If you are interested in attending this talk, email Mark Kawakami at: mark.kawakami@maastrichtuniversity.nl. Please keep in mind that space will be limited.

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MEPLI Round Table: The ‘Transnational Principles of Civil Procedure’ in an EU context (10 February, Maastricht)

Mepli round table on Tuesday, February

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Call for student applications: the User_Based Law Research Project


‘The Faculty of Law, Maastricht University, and HiiL have been granted a subsidy from the Dutch Ministry of Education, Culture and Science in order to set up a Chair, with the purpose to involve prestigious lawyers, who work in the field of the internationalization of law, in research, teaching and PhD research. Part of the grant allows the Faculty of Law to assign a young researcher to write a PhD under the supervision of the Chairholder.’ – www.hiil.org

MEPLI conducts fundamental research in the field of European private law, covering the law of contract, property and tort, but also European procedural law, European legal theory and European legal history. Its establishment in 2010 marks the importance Maastricht University attaches to the international study of law and its commitment to facilitate both internationally leading academics and young scholars in pursuing high quality academic work. MEPLI’s main mission is to conduct creative and fundamental research with a special focus on exploring the consequences of Europeanization and globalization in the field of private law. In doing so, MEPLI questions the relevance of territorial and dogmatic borders delineating both national jurisdictions and the classical areas of law. Where useful, it also involves other disciplines (such as political science, economics and psychology).

The above-mentioned HiiL-UM framework supports the organization of events surrounding the research design and topics pursued by individual PhD candidates. In the light of this context, MEPLI is seeking to collaborate with students on a research project on User_Based Law.

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#crossposting: Larry Catá Backer’s contribution to the MEPLI/HiiL workshop on CSR enforcement (Maastricht, 17 October)

I was fortunate enough to participate On October 17 in a “Workshop on research by the UM-HiiL-Chair on the Internationalisation of Law, the theme of which was “Enforcing Corporate Social Responsibility: Transforming voluntary corporate codes into private law obligations?”, held at the Theater aan het Vrijthof, Vrijthof 47, Maastricht, Netherlands under the sponsorship of the University of Maastricht, the Hague Institute for the Internationalisation of Law, and their UM-HiiL Chair.  The workshop description and program follow below. I spoke to the “Implications for the effective regulation of companies.”  My remarks, “A Lex Mercatoria for Corporate Social Responsibility Codes without the State?: On the Regulatory Character of Private Corporate Codes” also follows.
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Enforcing Corporate Social Responsibility: Transforming voluntary corporate codes into private law obligations? – 17 October (Maastricht)

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Workshop on research by the UM-HiiL-Chair on the Internationalisation of Law – Friday 17 October (Theater aan het Vrijthof, Vrijthof 47, Maastricht)

Corporate codes are voluntary policies that companies frequently develop in order to show the public their commitment to respect human rights, to improve workplace standards, and to protect the environment in their global operations. The research conducted by the UM- HiiL-Visiting Chair on the Internationalisation of Law has focussed in one of its research projects on these codes. As one of the core outcomes, the argument has been developed that such voluntary corporate codes, in order to be successful in the long run, would need to be transformed into private law obligations. This result has been reached by engaging in an interdisciplinary socio-legal analysis, which suggests treating the codes as unilateral declarations that reveal a serious effort of companies to regulate public interest matters in the absence of global government. It is this specific character that private law is accordingly called upon to support by enforcing these codes.

This workshop aims to discuss and critically evaluate the outcome of this research in general and this core suggestion in particular. The first part of the conference seeks to analyse the implications that a suggested enforcement of initially voluntary corporate commitments on CSR will have on specific areas of law.

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