Books Scholarship

Kinsch on Political Considerations in Private International Law

ThCollected Coursese general course that Patrick Kinsch (University of Luxembourg) gave at the Hague Academy of International Law on The Role of Political Considerations in Private International Law (Le rôle du politique en droit international privé) has been published in the Collected courses of the Academy.

The course is written in French, but the author has provided the following English abstract:

In a traditional (and idealized) view of private international law, its rules are clearly separated from political considerations: they are essentially based on considerations of proximity and of foreseeability of the applicable law and of the competent courts. However, this conception has never corresponded perfectly to reality. Political considerations, as opposed to technical considerations, have their importance in private international law, in a dual form: the defence of public (or political) interests in a narrow sense, but also the definition by the legislatures and by the courts of policies which directly influence the solutions adopted by the rules of private international law. This is what the course tries to show, through explanations on the political implications of the major methodological choices of private international law; on the reflection in private international law of major political choices within a democratic or non-democratic society; and externalities such as foreign public law, the federal or supranational integration of States and, finally, the foreign relations of the forum State with third States. 

More details can be found here. The table of contents can be found here.

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