Making European Private Law

Making European Private Law

Governance Design

Edited by Fabrizio Cafaggi and Horatia Muir Watt

This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book’s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL.

Chapter 7: Remarks on the Needs and Methods for Governance in the Field of Private International Law – At the Global and Regional Levels

Hans Van Loon

Subjects: law - academic, european law


Hans van Loon INTRODUCTION Against the background of the comprehensive analysis in the Introduction of our theme ‘The Making of European Private Law’, the following remarks will offer no more than a few lateral comments from a practitioner’s point of view. They will be based mainly on the author’s experience with the intergovernmental law-making organisation, the Hague Conference on Private International Law (‘the Conference’), whose mission is the drawing up and servicing of multilateral treaties in the field of private international law.1 Over a period of more than a century, the Conference, while maintaining many of its essential characteristics, has continuously adapted and transformed itself to respond to changing and expanding needs. Notably, in the course of this process, (1) it has over the past fifty years grown from an essentially European organisation into a global one – an ongoing process that has recently accelerated, and (2) has lately seen, among its core members, the development of a form of europeanisation (communitarisation) of private international law. As a result of these developments, a number of questions arise concerning the relationship between the making of private international law at the global and regional levels. These remarks will focus on the following three aspects of our theme: For a short introduction to the Hague Conference, its origins, the significance of its work and its relation to other international organisations, see the author’s ‘The Hague Conference on Private International Law’, in Peter J. van Krieken and David McKay (eds), The Hague: Legal Capital of...

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