The Ontology of International Private Law C3.3

Today, I am enjoying the sunshine, just in time to conclude this chapter. The focus is on summarizing viewpoints, supplementing understanding, and reflecting on experiences.Chapter Three: The Rise of International Private LawSection Three: The Development of the Movement for the Unification of International Private LawThe movement for the unification of international private law has been discussed in previous chapters, and records and reflections have already been made in the reading notes. This chapter is dedicated to introducing the expansion of the unification of international private law and the trends of the modern movement for its unification.1. The Manifestations of the Expansion of the Unification of International Private LawThis section lists the work and contributions of organizations such as the Hague Conference on Private International Law, the Organization of American States, the United Nations, the European Union, the International Institute for the Unification of Private Law, and the International Civil Status Committee in the process of unifying international private law. At the same time, civil society groups, non-governmental organizations, and academic organizations in international private law are also significant advocates and driving forces for the global unification of international private law. It is noteworthy that the positions and attitudes of various countries are also key in the process of unifying international private law; bilateral trade, commerce, and maritime agreements between countries are also important influencing factors. Below, I will record and supplement information about the United Nations and the European Union.(1) United NationsThe United Nations has a significant influence in the field of international public law, but its multilateral treaties, which are systematically formulated, have a broad impact, a large number of participating countries, and a wide scope of application, all contributing to the unification of international private law on a global scale. Among the specialized agencies of the United Nations, such as the International Law Commission (which mainly involves nationality, the legal status of foreigners, state immunity, etc.), the United Nations Conference on Trade and Development, and the United Nations Commission on International Trade Law (which mainly involves international trade law, international commercial arbitration law, international maritime law, etc.), all carry out work on the unification of international private law from different levels and perspectives in their respective fields.· Supplement: The series of international model laws published by the United Nations Commission on International Trade Law are closely related to the unification of international private law, but these model laws are not international treaties/international legislation. After publication, they are often adopted by many countries/regions or used as a reference for formulating domestic legislation or relevant regional integration standards. Therefore, it can be said that these model laws also play a significant role in promoting the process.(2) European UnionThe process of European integration has comprehensively promoted the movement for the unification of international private law. With the implementation of the Maastricht Treaty, it can be roughly divided into two stages:1. The period of the European Economic Community: Mainly carried out through the conclusion of international treaties, the formulation of regulations, the issuance of directives, or decisions.· Supplement: Regarding regulations and directives, there are differences in their applicability and requirements for amending laws, and they are not the same. Some scholars refer to them as “supranational international organization legislation.”2. The period of the European Union: The number of treaties concluded has increased, but the EU relies more on regulations and directives to achieve its goal of unifying international private law. At the same time, relevant case law from the European Court and the formed viewpoints and opinions also influence or guide the judgments of member states to a certain extent.2. Trends in the Modern Movement for the Unification of International Private LawThis section analyzes new characteristics in terms of content, scope, methods, and orientation by comparing the early movement for the unification of international private law.(1) In terms of content: It gradually expands from traditional areas to new fields (such as international trade, international transportation, international finance, international intellectual property, international bankruptcy, international e-commerce, international product liability, and tort liability, etc.); it gradually permeates into the unification of substantive law and procedural law.(2) In terms of scope: It is developing from a regional to a global direction (as mentioned in the first part, many organizations are actively participating in the unification movement, and the coordination and cooperation among them are continuously strengthening).(3) In terms of methods: There is an increase in flexibility and diversity.Example 1: The conflicts in personal law between civil law countries and common law countries have been reconciled to a certain extent. Specifically, there is a tendency to prioritize the law of the place of residence, which is also related to the interpretation of the concept of “habitual residence.”Example 2: The practice of seeking cooperative mechanisms and avoiding rigid provisions on substantive issues is becoming more popular. Specifically, activities such as delineating civil jurisdiction and establishing unified norms for the recognition and enforcement of foreign judgments are receiving more attention from various countries and are more likely to achieve results.(4) In terms of orientation: It reflects characteristics of convergence, modernization, and globalization.1. Convergence: This is an objective requirement of the international community’s concept of a community with a shared future for mankind and an inherent need for international private law to adapt to the current world development situation. It will manifest in different degrees. For example, in various conventions for the unification of international private law, the public order reservation clause is increasingly being stipulated; furthermore, the principle of closest connection is gaining acceptance and recognition in the international private law of various countries. This reflects the coordination and consensus among countries in the field.2. Modernization: This is reflected in the modernization of the concepts, principles, content, scope, and system of the unification of international private law, as well as the modernization of methods, techniques, and means. For example, the trend towards codification of international private law.3. Globalization: The unification of international private law should not be limited to a specific country or region but should extend to the entire world.

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