Professor Elsabe Schoeman

Position, academic & professional qualifications

Elsabe Schoeman is a professor in the Department of Private Law and Dean of the Faculty of Law at the University of Pretoria since 1 November 2019. She holds the degrees BLC (Pret) LLB (cum laude) LLD (Unisa). The title of her LLD thesis is “Domicile and Jurisdiction as Criteria in External Conflict of Laws”. She is an admitted Advocate of the High Court of South Africa.

Academic & professional experience

Professor Elsabe Schoeamn joined the Department of Private Law in 2016, On 1 November 2019 she was appointed as Dean of the Faculty of Law for the term 1 November 2019 to 31 October 2023.  Notably is the fact that Prof Schoeman is the first woman to be appointed as Dean in the Faculty of Law after more than a century of its existence, marking her appointment as a significant milestone for the Faculty.  

Professor Schoeman was a member of the Law School at the University of Auckland (New Zealand) for fourteen years, where she served as Deputy Dean of the Faculty and Deputy Director of the cross-faculty Europe Institute.

Before taking up her academic position at the University of Auckland in 2002, she spent a year at the Institut für internationales und ausländisches Privatrecht (University of Cologne) as an Alexander von Humboldt Fellow.

Prior to that she was a professor in the Department of Jurisprudence at the University of South Africa.

Her main areas of research are jurisdiction in cross-border civil and commercial litigation and choice of law in contract, delict/tort and selected areas of family law. She has made contributions to international legal encyclopaedias in her areas of interest, as well as submissions to law commissions (in South Africa and New Zealand) and she regularly advises law firms on transnational litigation in South Africa, New Zealand, Australia, the United Kingdom, the United States and Germany.

She is a member of the Alexander von Humboldt Foundation.

Teaching activities

She teaches Law of Delict and Private International Law.

Representative publications

  1. (With Marlene Wethmar-Lemmer) ‘The International Arbitration Act 15 of 2017: Impetus for developments on the cross-border commercial front’ [2019] Journal of South African Law 127
  2. ‘Conflict of Laws’ in Neville Botha, Christian Schulze, Jeannie van Wyk and J Geldenhuys (eds), Annual Survey of South African Law 2016, Juta, 130-136, 2018
  3. 'New Zealand' in Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio  (eds), Encyclopedia of Private International Law, Edward Elgar, 2017, 2369
  4. 'South Africa' in Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio  (eds), Encyclopedia of Private International Law, Edward Elgar, 2017, 2515
  5. ‘Transnational Tort Litigation: Splitting Issues or Splitting Hairs?’ in Johan Potgieter, Johann Knobel and Rita-Marie Jansen (eds), Essays in Honour of Johann Neethling, Durban, Lexisnexis, 2015, 411
  6. Cox v Ergo Versicherung AG: Statutory Packages in Transnational Personal Injury Cases’ (2015) 21(1) New Zealand Business Law Quarterly, 30
  7. (With S Bookman) ‘New Zealand Country Report on Gender Registration’ in Marjolein van den Brink and Jet Tigchelaar, Sekseregistratie door de overheid en de juridische positie van transgenders, The Hague, Boom Juridische Uitgevers, 2015, 169
  8. (With A Chong) ‘A View from Australia’s Regional Partners – Recent Developments in New Zealand and Singapore’ in Andrew Dickinson, Mary Keyes and Thomas John (eds), Australian Private International Law in the 21st Century, Oxford, Hart Publishing, 2014, 191
  9. (With CH Roodt and M Wethmar-Lemmer) Monograph on South African Private International Law in B Verschraegen (ed), International Encyclopaedia of Laws: Private International Law, The Hague, Wolters Kluwer, 2014
  10. (With R Tobin) ‘Accident Compensation and Tourism’ [2013] New Zealand Law Journal 417
  11. ‘Conflict of Laws’ [2013] New Zealand Law Review 301
  12. ‘Third (Anglo-Common Law Countries) and Rome II: Dilemma or Deliverance?’ (2011) 7(2) Journal of Private International Law 361
  13. ‘Service Abroad without Leave: Taking Seaconsar Seriously’ (2010) 16(3) New Zealand Business Law Quarterly 343
  14. ‘Rome II and the Substance-Procedure Dichotomy: Crossing the Rubicon’ [2010] Lloyd’s Maritime and Commercial Law Quarterly 81
  15. (With T Angelo)  'New Zealand National Report on Conflict of Laws: Conventions and their Reception in National Legal Systems' in Jorge Sánchez Cordero and Alfredo Sánchez Castañeda (ed), Congreso Temático de la Academia Internacional de Derecho Comparado (Thematic Congress of the International Academy of Comparative Law), La incidencia del derecho uniforme en el derecho nacional. Límites y Posibilidades, Mexico City, 2009
  16. ‘Service Abroad in Enforcement Proceedings’ [2007] New Zealand Law Journal 389
  17. Harding v Wealands: Substance v Procedure in the English Courts’ (2007) 13(1) New Zealand Business Law Quarterly 3
  18. ‘Renvoi: Throwing (and Catching) the Boomerang: Neilson v Overseas Projects Corporation of Victoria Ltd [2005] HCA 54’ (2006) 25(1) University of Queensland Law Journal 203
  19. (With R Tobin) ‘The New Zealand Accident Compensation Scheme: The Statutory Bar and the Conflict of Laws’ (2005) 53 American Journal of Comparative Law 493
  20. (With R Tobin) ‘Asbestos, Australia and ACC’ [2005] New Zealand Law Journal 430
  21. ‘Good Faith in Conflict(s): The International Commercial Contract Dimension’ (2005)  10(4) New Zealand Business Law Quarterly 446
  22. (With R Tobin) ‘A Holiday in New Zealand: The Implications of New Zealand's Accident Compensation Scheme’ (2005) 25(4) Praxis des Internationalen Privat- und Verfahrensrechts 374
  23.  ‘Lorentzen v Lydden: Dead and Buried?’ (2004) 10(4) New Zealand Business Law Quarterly 285
  24. (With P Myburgh) ‘Jurisdiction in Trans-National Cases’ [2004] New Zealand Law Journal 403
  25. ‘Tort Choice of Law in New Zealand: Recommendations for Reform’ [2004] New Zealand Law Review 537
  26. ‘The South African Conflict Rule for Proprietary Consequences of Marriage: Learning from the German Experience’ [2004] Tydskrif vir Suid-Afrikaanse Reg (Journal of South African Law) 115
  27. ‘The South African Conflict Rule for Proprietary Consequences of Marriage: The Need for Reform’ (2004) 24(1) Praxis des Internationalen Privat- und Verfahrensrechts 65

Areas of specialisation

Her main areas of specialisation and current research focus are transnational personal injury litigation and the human rights dimension in cross-border litigation.

Academic and professional memberships

  1. Associate member of the International Academy of Comparative Law
  2. Member of the Southern African Society of Legal Historians
  3. Member of the Association of Attenders and Alumni of The Hague Academy of International Law
  4. Member of the Alexander von Humboldt Foundation.

Email:  [email protected]

Tel:  +27 (0)12 420 4126

Fax:  +27 (0)12 362 5184

 

[June 2020]

Published by Elzet Hurter

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