Laura Carballo

Laura Carballo
World Maritime University | WMU · Law

Professor of Private International Law
Head of the International Relations Faculty at the University of Vigo

About

46
Publications
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Introduction
Professor Carballo joined World Maritime University in February 2018. She holds the Nippon Foundation Chair of Maritime Labour Law and Policy. Prior to joining WMU she worked at the Universities of Vigo and Santiago de Compostela in Spain, where she developed her expertise in private international law, international litigation, international insolvency and maritime law. Her main area of research at WMU is international maritime labour law, in particular maritime employment, living and working conditions, seafarers´ identity documents, occupational health, collective relations, and corporate social responsibility.

Publications

Publications (46)
Preprint
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Environmental protection is essential to sustainable development. However, private enforcement is not a priority in most legal systems; while it is nowadays possible to seek redress for environmental damage, standing to bring collective actions before courts is not usually granted to NGOs and private persons; although it should be in an attempt to...
Article
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This paper looks at rescue-at-sea practices and their aftermath as portrayed in a number of European films. In this World, Malta Radio, Bon Voyage, Welcome, Terraferma, 4.1 Miles and Man at Sea address maritime migration, States’ omission in complying with their international obligations, and how the latter obliges individuals to make difficult cho...
Article
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en In a world of competing flag States and short‐term employment, enjoying the benefits provided by a social security system is a difficult, if not impossible, task for many seafarers. The Maritime Labour Convention, 2006, has abandoned the flag State principle in favour of the residence principle for that reason. This article addresses the impleme...
Technical Report
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The analysis focuses on issues of EU relevance and covers the 2011 – 2018 period. The methodology deployed followed a mixed method approach. The study collected and analysed as much existing information and data as possible and complemented this with primary data collection. Country case studies were conducted looking at issues of education, attrac...
Article
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The #MeToo campaign has put under the spotlight an old issue and exposed how little societies have advanced since the first sexual harassment law was enacted. The maritime sectors are not free from this criticism with a number of aggravating factors. First, there has not been a separate discussion from the general one on sexual harassment on board....
Research
Full-text available
The analysis focuses on issues of EU relevance and covers the 2011 – 2018 period. The methodology deployed followed a mixed method approach. The study collected and analysed as much existing information and data as possible and complemented this with primary data collection. Country case studies were conducted looking at issues of education, attrac...
Chapter
Maritime migration is not only testing the resilience of the international human rights framework, but also that of the law of the sea. Whoever encounters people in distress is under the obligation to rescue and bring them to a place of safety. However, the political environment is moving States to refuse disembarkation and thus putting a huge pres...
Chapter
Labour migration triggers diversity in domestic jurisdictions that is in principle addressed by submitting all workers to the law of the habitual workplace. However, this chapter unveils that this conflict rule only reaches the integration objective in one type of labour migration fuelling divergence among workers in other types, namely business re...
Article
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This paper examines the impact of a 'no deal' or 'hard' Brexit on the recognition of insolvency proceedings commenced in the UK by the remaining Member States of the European Union (EU) post-Brexit. The paper considers the framework currently implemented by the Recast European Insolvency Regulation and the possible approaches when it will cease to...
Article
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The outcome of the referendum held in the UK in June 2016 is of far-reaching and unpredictable consequences. This article focuses on the particular field of international insolvency with a view to identifying some of them, all arising out of the fact that the UK will be leaving the EU area of justice and the strong cooperation based on mutual trust...
Book
Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish-speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose...
Article
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Whereas flag states are primarily responsible for living and labour conditions on board ships flying their flag, port state jurisdiction on board foreign-flagged ships is still uncertain from both a public and a private international law perspective. This paper focuses on the latter, to ascertain in which cases port state courts and domestic employ...
Chapter
This chapter addresses litigation arising out of seafarers and fishermen’s contracts of employment. Other litigation issues such as those arising from non-contractual obligations, social security matters and employer insolvency are also tackled, but the focus is on Section 5, Chapter II, of the Brussels I bis Regulation and the 2007 Lugano Conventi...
Chapter
While there is no agreement as to the choice of the law applicable to individual employment contracts, the law of the habitual place of work is applied in a significant number of jurisdictions such as in the European Union via Article 8 of the Rome I Regulation on the law applicable to contractual obligations. In addition to briefly addressing a nu...
Chapter
In a context of extreme offshoring, collective bargaining is essential to improve the working and living conditions of seamen despite the shortcoming of being regulated only at a national level, a hurdle that has been somehow avoided by the International Transport Workers’ Federation by coordinating union activity (Sect. 5.1). This chapter addresse...
Chapter
The internationalisation of maritime employment is mainly associated with the freedom in ship registration, for which reason this chapter analyses, first, the establishing of open registries and thus the flourishing of the flag of convenience issue (Sect. 2.2). But second, it draws attention to the consequences arising out of second and internation...
Article
Full-text available
The establishment of the European Higher Education Area has not only triggered changes in legal education in Spain but also in access to the legal professions. This paper briefly addresses the implementation of the new educational system in order to understand the scope of the modifications that the legal professions are undergoing. The new educati...
Article
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In rund der Hälfte der EU Mitgliedstaaten gibt es bereits Regelungen zur kollektiven Rechtsdurchsetzung. Wenngleich die Herangehensweise an die komplexe Materie des kollektiven Rechtsschutzes national sehr unterschiedlich ist, steht doch ein Element stets im Zentrum des Regelungsbedürfnisses, nämlich die Einführung spezieller Verfahrensgarantien fü...
Article
The Bologna Process aims at enhancing international mobility among students and professors by improving the similarities among legal curriculums and, with it, making the recognition of credits obtained in other universities easier. This standpoint opens the door to many ways to internationalize the legal teaching, aiming this paper at highlighting...
Article
Full-text available
El proceso de Bolonia aspira a fomentar la movilidad de estudiantes y profesores, facilitando la lectura de los planes de estudio de las distintas universidades y, con ello, el reconocimiento de los créditos cursados en otros países. Ello abre las puertas a numerosas fórmulas de internacionalización de la enseñanza jurídica que aquí se pondrán de m...
Article
Full-text available
Contrary to both Preliminary Convention Drafts on insolvency proceedings, the Insolvency Regulation does not set out a specific rule on vis attractiva concursus. This silence is surprising given the fact that the ECJ had already held in the leading case Gourdain vs. Nadler that decisions deriving directly from insolvency proceedings, and closely co...
Article
Full-text available
El método socrático de enseñanza es una aportación importante de las Facultades de Derecho estadounidenses que encaja en la organización del crédito europeo, dirigido a apoyar el proceso de aprendizaje del estudiante. En la misma dirección apunta otro método, que podemos denominar "experimental" y persigue proporcionar experiencia al estudiante a t...
Article
Estudio de la ejecución procesal no dineraria en el marco legal español, estructurado en los siguientes capítulos: 1. Estado actual de la teoría general de la ejecución no dineraria. 2. Ejecución de condenas de dar. 3. Presupuestos, sujetos y objeto. 4. Procedimiento y 5. Imposibilidad de la ejecución in natura: ejecución por equivalente.

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Projects

Projects (3)
Project
A new journal has been born in late 2018 that it is entirely online: <http://www.rivitsproc.eu/en/> The Italian-Spanish Journal of Procedure Law (RIEDP) is an editorial endeavour that aims to mainly publish clearly innovative papers, i.e. with the potential of making Procedure Law evolve by providing ideas and approaches that may help reform and enhance both civil and criminal procedures. Papers written in Spanish, Italian or English are accepted for publication. The Journal has been launched by a group of scholar from Italy and Spain. Professors Jordi Nieva Fenoll, Michele Taruffo, Llorenç Bujosa Vadell, Giulio Illuminati, Rosa Ruggiero, Marien Aguilera Morales, Gina Gioia, and Laura Carballo Piñeiro have joined forces to offer a meeting point for authors that wish to share their innovative research with a wider audience. The essential requirement to be accepted for publication is the academic value of the paper regardless of whether it has already been published elsewhere. An anonymous peer-reviewed publication, RIEDP will publish accepted paper on an open-access basis and immediately after acceptance. In order to learn more about RIEDP, please visit its webpage.
Project
We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120) special issue on "Comparative and International Perspectives on Mediation in Insolvency Matters". This special issue is going to analyse the current scenario as well as new trends, developments, and challenges that mediation faces in the context of insolvency matters. This special issue is co-edited by Laura Carballo Piñeiro (University of Santiago de Compostela-Spain) and Katia Fach Gómez (University of Zaragoza-Spain), under the framework of Research Project DER2016-80568-R. As the culture of debt restructuring and debtor rehabilitation expands and business liquidation is criticized, the role of mediation[1] in insolvency matters grows in significance. Although insolvency office-holders usually possess appropriate negotiation skills, specialized neutrals are engaged as mediators in insolvency cases in order to avoid delays and unnecessary costs. The US experience in the Lehman Brothers' insolvency is a case in point in the international context. Likewise, the success of the UK's schemes of arrangement in attracting foreign companies willing to restructure their business shows that means to avoid an expensive insolvency proceeding are urgently required. Beyond the realm of corporate insolvency, mediation may also play a key role in other national scenarios, as the Spanish regulation shows by relying on mediation to address insolvencies of low value. In fact, it may even be the only option to offer individuals a way out in countries where insolvency law does not provide individuals a second chance. An interesting initiative in this regard is the Mediation Pilot Project put in motion under the umbrella of the Rio Grande do Sul State Judiciary.[2] That Pilot Project is filling the gap in Brazilian legislation and has proven the efficiency and effectiveness of ADR mechanisms in providing a new approach to insolvency. In the light of this general trend towards making ADR methods another tool in a successful business restructuring and in providing a second chance to natural persons, this Call for Papers aims at analyzing national and comparative law issues as well as international approaches regarding the following topics: The role and scope of mediation in insolvency matters; The role of insolvency courts in the use of mediation by affected parties; The legal status of insolvency mediators, including professional qualifications, rights, duties and liability issues; Mediation procedure, including commencement, timetable, choice and appointment of mediators; Legal effects of mediation on prescription times, pending proceedings and agreements concluded through mediation; Legal and non-legal reforms required to foster mediation in the national and international insolvency context; Legal aspects of cross-border insolvencies (e.g., conflict-of-laws issues such as the law governing the mediation procedure or applicable to insolvency mediators, as well as the cross-border effects of mediation); Empirical studies dealing with the above-referred issues. We invite all of those interested in the subject to contribute to this special issue with unpublished or previously published articles, conference papers, research papers and case studies dealing with one of the above topics or any other relevant issue. Interdisciplinary contributions and co-authored papers are also welcomed. Home > News & Events > News > TDM Call for Papers: "Comparative and International Perspectives on Mediation in Insolvency Matters" TDM Call for Papers: "Comparative and International Perspectives on Mediation in Insolvency Matters" LinkedInTwitterGoogle+Email+ 2 January 2017 We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120) special issue on "Comparative and International Perspectives on Mediation in Insolvency Matters". This special issue is going to analyse the current scenario as well as new trends, developments, and challenges that mediation faces in the context of insolvency matters. This special issue is co-edited by Laura Carballo Piñeiro (University of Santiago de Compostela-Spain) and Katia Fach Gómez (University of Zaragoza-Spain), under the framework of Research Project DER2016-80568-R. As the culture of debt restructuring and debtor rehabilitation expands and business liquidation is criticized, the role of mediation[1] in insolvency matters grows in significance. Although insolvency office-holders usually possess appropriate negotiation skills, specialized neutrals are engaged as mediators in insolvency cases in order to avoid delays and unnecessary costs. The US experience in the Lehman Brothers' insolvency is a case in point in the international context. Likewise, the success of the UK's schemes of arrangement in attracting foreign companies willing to restructure their business shows that means to avoid an expensive insolvency proceeding are urgently required. Beyond the realm of corporate insolvency, mediation may also play a key role in other national scenarios, as the Spanish regulation shows by relying on mediation to address insolvencies of low value. In fact, it may even be the only option to offer individuals a way out in countries where insolvency law does not provide individuals a second chance. An interesting initiative in this regard is the Mediation Pilot Project put in motion under the umbrella of the Rio Grande do Sul State Judiciary.[2] That Pilot Project is filling the gap in Brazilian legislation and has proven the efficiency and effectiveness of ADR mechanisms in providing a new approach to insolvency. In the light of this general trend towards making ADR methods another tool in a successful business restructuring and in providing a second chance to natural persons, this Call for Papers aims at analyzing national and comparative law issues as well as international approaches regarding the following topics: The role and scope of mediation in insolvency matters; The role of insolvency courts in the use of mediation by affected parties; The legal status of insolvency mediators, including professional qualifications, rights, duties and liability issues; Mediation procedure, including commencement, timetable, choice and appointment of mediators; Legal effects of mediation on prescription times, pending proceedings and agreements concluded through mediation; Legal and non-legal reforms required to foster mediation in the national and international insolvency context; Legal aspects of cross-border insolvencies (e.g., conflict-of-laws issues such as the law governing the mediation procedure or applicable to insolvency mediators, as well as the cross-border effects of mediation); Empirical studies dealing with the above-referred issues. We invite all of those interested in the subject to contribute to this special issue with unpublished or previously published articles, conference papers, research papers and case studies dealing with one of the above topics or any other relevant issue. Interdisciplinary contributions and co-authored papers are also welcomed. TDM articles will be selected on the basis of submitted abstracts, subject to a peer review system. Abstracts must not exceed 1,000 words. In addition to the abstract, each submission should contain as a separate file a one-page CV, including the author's name, affiliation and contact details and a list of key publications. Proposals for papers should be submitted to the editors on or before 31st March 2017. Accepted papers should be submitted to the editors on or before 31st July 2017. Publication of the special issue is expected during the third quarter of 2017. [1] For purposes of this Call for Papers, mediation is defined as "... a structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on a settlement of their dispute with the assistance of a mediator." See EC Directive 2008/52 of 21 May 2008 on certain aspects of mediation in civil and commercial matters. [2] Basic information about this Pilot Project is available at the Poder Judiciário Tribunal de Justiça do Estado do Rio Grande do Sul