The second issue of the Revue critique de droit international privé of 2023 contains three articles on private international law and numerous casenotes.
In the first article, Sandrine Brachotte (St Louis and Lille Universities) advocates a decolonial approach of private international law (Pour une approche décoloniale du droit international privé). The abstract reads:
This article presents the decolonial approach to private international law, which has recently entered the list of pressing topics for the discipline, not only in colonised countries but also in Europe. In France, the subject may not yet be addressed as such, but it at least appeared in a Ph. D. thesis defended at the Sciences Po Paris Law School in May 2022, entitled “The Conflict of Laws and Non-secular Worldviews: A Proposal for Inclusion”. This thesis argues for an alternative theorisation of the notions of party autonomy, recognition, and international jurisdiction to make them more inclusive of non-occidental worldviews. After having offered a description of the decolonial approach and the current enterprise of decolonisation of private international law, this contribution summarises the essential points of the Ph. D. thesis in this respect and identifies the broader questions that it raises for private international law, especially as regards the notions of “law”, “foreign” and “conflict”.
Dr Brachotte has already presented her work on this blog here.
In the second article, Elie Lenglart (Paris II University) confronts international civil procedure to individualism (Les conflits de juridictions confrontés à l’individualisme). The abstract reads:
Individualism is one the characteristic features of modern legal theories. The emergence of the individualistic approach is profoundly linked to a special perception and evaluation of the reality based of the superiority of the individual. This conception has had decisive consequences in private international law. The impact of this tendency should not be underestimated. Its influence is noticeable in the first place on the determination of international competency of French jurisdictions, both via the provision of available jurisdictions to individuals and via the individuals’ propensity to extend their choices of jurisdictions based on their personal interests. It also influences the recognition and enforcement of foreign judgments by imposing the legal recognition of individual statuses under extremely liberal conditions, reorganizing in turn the whole system around the individual.
The article is a follow up on Dr Lenglart’s work on individualism in choice of law theory.
An English version of these two articles will be available on the website of the publisher.
In the third article, David Sindres (university of Angers) offers new reflections on optional jurisdiction clauses.
Finally, a last article is dedicated to recent developments in French immigration law.
The full table of contents is available here.