The principle of equivalence of legal systems in private international law and its contribution to the foundation and preservation of peace
Private international law (PIL) might seem disconnected from peace building and peacekeeping efforts. However, this perception falls short. PIL, contrary to public international law's direct peacekeeping potential, indirectly contributes to peace by fostering mutual respect between states. The...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2023-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2023/0550-21792303991S.pdf |
| Summary: | Private international law (PIL) might seem disconnected from peace building and peacekeeping efforts. However, this perception falls short. PIL, contrary to public international law's direct peacekeeping potential, indirectly contributes to peace by fostering mutual respect between states. The relationship between PIL and peace stems from the recognition and respect states show for each other's legal systems. PIL operates on the principle of comity, where states acknowledge the applicability of foreign laws to resolve cases. In essence, while PIL's impact on peace is indirect and modest, its emphasis on mutual respect and fair treatment contributes to peaceful relations between states, making it an important element in the broader context of peace building and peacekeeping efforts. Private international law (PIL) does not determine substantive fairness for parties but focuses on localizing cases at a meta-level of conflict-of-laws. This localization is guided by party, trade, and regulatory interests, and is rooted in neutrality and respect for other legal systems. While the principle of equivalence and neutrality remains foundational in PIL, exceptions and limitations have been established over time to address specific scenarios, ensuring a balanced approach that respects both foreign legal systems and fundamental legal principles. |
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| ISSN: | 0550-2179 2406-1255 |