The realignment of private international law: A historical journey.

摘要

The relevance of private international law in the common law world is becoming increasingly controversial. While the internationalists and champions of global governance prefer a treaty-based legal regime, realists continue to disparage international law in general. Ironically though, the contemporary conditions of international life seem ideal for the increased relevance of the subject. The regulation of multinational corporations (MNCs) constitutes a quintessential problem for the application of private international law.; This thesis explores these issues through a historical examination of the development of the subject, since its origin to the present. The thesis argues that the objectives of the subject have changed historically with changes in intercommunity/international life. Accordingly, the thesis advances the argument that the changing conditions of international life, due to the much touted, and on-going, transition from modernism to globalization, requires a realignment of the subject, if its relevance is to be retained. With a focus on the poor regulation of MNCs' conduct in the third world, but especially with respect to international human rights and international environmental law concerns, the thesis examines the potential of private international law to provide an effective remedy. For demonstration purposes, the doctrine of forum non conveniens is examined to illustrate the applicability and utility of the approach advocated.