Full text of the paper:
Collected Papers of the Faculty of Law in Novi Sad, University of Novi Sad
2023, vol. LVII, No. 3, pp.991-1004
Language of the paper: English
Previous announcement
udk: 341.9:341.238
doi:10.5937/zrpfns57- 40597
Author:
Björn Steinrötter
University Potsdam
steinroetter@uni-potsdam.de
bahri.mohammad.thoriq@stud.u-szeged.hu
ORCID ID: 0000-0003-0303-9974
Abstract:
Private international law (PIL) might seem disconnected from peacebuilding 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 peacebuilding 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.
Keywords:
Private International Law, peacebuilding and peacekeeping, mutual respect, comity, equivalence.