Abstract

CLERC, Carlos. PRIVATE INTERNATIONAL LAW AND GLOBALIZATION PROCESSES. Prolegómenos [online]. 2013, vol.16, n.32, pp.15-30. ISSN 0121-182X.  https://doi.org/10.18359/dere.751.

This article aims to account the mutations which private international law has gone through because of globalization processes that took place at the beginning of the decade of the '90s. The emergence of new patterns of interaction among nations, such as regionality, supranationality, transnationality, etc.., have redefined, based on these associative instances, traditional relations between states, generating new legal and political interaction processes between them. This article, emerged as a contemporary reflection of wider research undertaken on the topic addressed during the years 2010-2011, examines the continuities, ruptures and tensions that exist between private international law and state-based law. Additionally, the crisis of national sovereignty structured around a territorialist conception of jurisdiction, among others, has played down the role of the State as the "only subject" of international relations. Indeed, the emergence of new actors, new practices, new discourses, etc..., has reshaped the balance of power and interests that structure it. The redefinition of the "national sovereignty / international jurisdiction" pairing in the light of globalization processes and emerging regionalism, has created a new space for interaction that needs to be formalized and made visible. To this end, this paper proposes, first, to define the position and legal nature of private international law in the context of a diversified global law and in the light of new and emerging legal practices with their respective legal frames and second, to identify some of the problems that arise in this area of law, regarding Integration Law, regionality, and supranationality under which bilateral relations between nations and between them and the private sector enroll.

Keywords : Private International Law; Globalization processes; Lex Mercatoria.

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