Date: 2023
Type: Article
‘Conflicts revolution’ or revolution through conflicts? : promoting change or preserving the status quo via private international law
Anuario español de derecho internacional privado, 2023, Vol. 23, pp. 61-85
GARIN GIMÉNEZ, Victoria, ‘Conflicts revolution’ or revolution through conflicts? : promoting change or preserving the status quo via private international law, Anuario español de derecho internacional privado, 2023, Vol. 23, pp. 61-85
- https://hdl.handle.net/1814/76398
Retrieved from Cadmus, EUI Research Repository
Much has been discussed about Private International Law’s (PIL) conflict revolution, the intellectual movement that challenged some of the fundamental principles of the discipline. Far less attention had been paid to PIL’s revolutionary potential: its ability to bring about change in the world. In recent times, scholars have increasingly been exploring how PIL can contribute to addressing pressing issues of our times, from environmental crisis to human rights violations. Yet, a crucial question remains unanswered: can PIL truly drive change? In this article, I aim to answer this question. I summarize some of the most recent ‘crisis–solving’ proposals within PIL and identify their common features. I assess how these proposals interact with PIL’s key features: technical language, focus on differences, private nature, and market orientation. I show that these proposals not only come into direct conflict with PIL’s key features but also that their potential to produce change is inherently limited by them. I conclude that no meaningful change (or ‘revolution’) can be achieved through PIL until PIL’s fundamental assumptions are revisited too.
Cadmus permanent link: https://hdl.handle.net/1814/76398
Full-text via DOI: 10.19194/aedipr.23.02
ISSN: 1578–3138
Publisher: Iprolex
Files associated with this item
Files | Size | Format | View |
---|---|---|---|
There are no files associated with this item. |