Developments in PIL Journals Scholarship

Second Issue of 2020’s Journal du Droit International

jdi_1_7The second issue of the Journal du droit international for 2020 is out. It contains one article concerned with private international law and several casenotes.

The article is authored by Djoleen Moya and discusses whether EU choice of law rules allocate normative powers or serve private interests (Conflits intra-européens de lois et conflits de souverainetés). The English abstract reads:

For the past 70 years or so, choice-of-law rules have been considered as rules of private law, dealing primarily with the interests of private persons involved in international situations. This conception, however, is now disputed. According to a growing number of scholars, the solutions deriving from EU law on matters of conflicts of laws would tend to allocate normative powers between Member States and circumscribe their respective legislative sovereignties. In this respect, the Europeanisation of private international law would have reinvented the problem of choice-of-law in terms of conflicts between States, rather than between private persons. On reflection, though, the necessary conditions to consider choice-of-law rules as allocating legislative powers are not met. In particular, the legal regime of choice-of-law rules in EU law looks pretty incompatible with any representation of conflicts of laws as conflicts of sovereignties.

A full table of content of the issue can be accessed here.

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