Prof J Neels

Researcher
Name: Jan L Neels
Location: A-Ring 427 Auckland Park Kingsway Campus
Academic Law Staff, Faculty of Law, Law Professors  Staff Members

Contact Details:
Tel: +27(0)11 559 2520

Email: jlneels@uj.ac.za

About Prof J Neels

Prof Jan L Neels is Distinguished Professor of Private International Law / International Commercial Law, specialising in Commercial Private International Law, director of the Research Centre for Private International Law in Emerging Countries and course-coordinator of the flagship LLM programme in International Commercial Law at the University of Johannesburg. He studied at the Rand Afrikaans University (BCom, LLB and LLM degrees cum laude) and was awarded the doctoral degree from the University of Leiden (the doctrine of the abuse of rights). He has more than 70 articles and chapters in his name, published in Germany, Italy, the Netherlands, Paraguay, South Africa, Switzerland, Turkey and the United Kingdom. He was cited more than ten times by the High Courts in South Africa, including five citations by the Supreme Court of Appeal. Prof Neels delivered papers at the Hague Academy of International Law, the Max Planck Institute for Foreign and International Private Law and the Department of International Relations and Cooperation (DIRCO). He also read papers at various foreign universities, including the universities of Amsterdam, Antwerp, British Columbia (Centre for Asian Legal Studies), Cambridge, Coimbra, Innsbruck, Leiden, Lucerne, Namibia, Saarland, Tilburg and Zaragoza, as well as universities in France (Aix-en-Provence), India (South Asian University in Delhi) and Turkey (Özyeğin and Yeditepe, both in Istanbul). Prof Neels submitted reports to DIRCO, the European Commission (revision of the Rome Convention on the Law Applicable to Contractual Obligations), the Hague Conference on Private International Law (revision of the preliminary draft Uniform Law on the Law of Obligations (section conflict of laws), Organization for the Harmonization of Business Law in Africa), the Inter-American Juridical Committee of the Organization of American States (revision of the Mexico City Convention), the International Academy of Comparative Law, the International Association of Procedural Law and the South African Law Reform Commission. Prof Neels was a member of the Working Group and Special Commission (including its Drafting Committee) formulating the Hague Principles on Choice of Law in International Commercial Contracts (2015) under the auspices of the Hague Conference on Private International Law. Prof Neels was a member of the Governing Council of UNIDROIT for the period 2014–2018. He is currently an honorary member of this body, as well as a member of the Academy of Science of South Africa. He was one of the general editors of Girsberger, Kadner Graziano and Neels Choice of Law in International Commercial Contracts. Global Perspectives on the Hague Principles (OUP, 2021). Prof Neels recently published a first draft of the African Principles on the Law Applicable to International Commercial Contracts.

Chronological list of selected publications

Books

Girsberger, Kadner Graziano and Neels (gen eds) Choice of Law in International Commercial Contracts. Global Perspectives on the Hague Principles (Oxford University Press, 2021)

Proposed legislation / model law

Neels “The African Principles on the Law Applicable to International Commercial Contracts – a first drafting experiment” 2021 Uniform Law Review / Revue de droit uniforme 426

Articles and chapters

Neels and Fredericks “COVID-19 regulations as overriding mandatory provisions in private international law. A comparison of regional, supranational and international instruments with the proposed African Principles on the Law Applicable to International Commercial Contracts” in Watney (ed) The Impact of COVID-19 on the Future of Law and Related Disciplines (UJ Press, 2022) 1

Neels “Characterisation and liberative prescription (the limitation of actions) in private international law – Canadian doctrine in the Eswatini courts (the phenomenon of dual cumulation)” 2021 Journal of Private International Law 361

Neels “The African Principles on the Law Applicable to International Commercial Contracts – a first drafting experiment” 2021 Uniform Law Review / Revue de droit uniforme 426

Neels “An experiment in the systematization of South African conflicts rules” in Omlor (ed) Weltbürgerliches Recht. Festschrift für Michael Martinek zum 70. Geburtstag (2020) 529

Neels “Choice of law in the revision of the Mexico City Convention – inspirations from the Hague Principles and beyond” 2018 THRHR 661

Neels “The role of the Hague Principles on Choice of Law in International Commercial Contracts in the revision of the preliminary draft Uniform Act on the Law of Obligations in the OHADA region” 2018 THRHR 464

Neels and Fredericks “An introduction to the African Principles of Commercial Private International Law” 2018 Stell LR 347

Neels “The role of the Hague Principles on Choice of Law in International Commercial Contracts in Indian and South African private international law” 2017 Uniform Law Review / Revue de droit uniforme 443

Neels “Choice of forum and tacit choice of law: the Supreme Court of India and the Hague Principles on Choice of Law in International Commercial Contracts (an appeal for an inclusive comparative approach to private international law)” in UNIDROIT (ed) Eppur si muove: The Age of Uniform Law. Essays in Honour of Michael Joachim Bonell to celebrate his 70^th birthday (2016) 358

Neels “Article 5 of the Hague Principles on Choice of Law in International Contracts” in Visser, Pretorius and Koekemoer (ed) Essays in Honour of Frans Malan (2014) 257

Neels “The nature, objective and purposes of the Hague Principles on Choice of Law in International Contracts” 2013/2014 Yearbook of Private International Law 45

Neels and Fredericks “Tacit choice of law in the Hague Principles on Choice of Law in International Contracts” 2011 De Jure 101

Neels “Consumer protection and private international law” 2010 Obiter 122 or Neels “South Africa” in Fernández Arroyo (ed) Consumer Protection in International Private Relationships / La protection des consommateurs dans les relations privées internationales (2010) 415

Neels “Falconbridge in Africa. Via media classification (characterisation) and liberative (extinctive) prescription (limitation of actions) in private international law – a Canadian doctrine on safari in Southern Africa (hic sunt leones!); or: semper aliquid novi Africam adferre” 2008 Journal of Private International Law 167

Neels and Fredericks “The music performance contract in European and Southern African private international law” 2008 THRHR 351 and 529

Neels “The proprietary effect of reservation-of-title clauses in private international law” 2006 SA Merc LJ 66

Neels and Fredericks “Revision of the Rome Convention on the Law Applicable to Contractual Obligations (1980): perspectives from international commercial and financial law” 2004 EUREDIA Revue européene de droit bancaire et financier / European Banking and Financial Law Journal 173

Fredericks and Neels “The proper law of a documentary letter of credit” 2003 SA Merc LJ 63 and 207