European Union's New Role in International Private Litigation

Abstract

While international judicial forums such as the International Court of Justice ("ICJ"), the International Criminal Court ("ICC"), and regional criminal courts have been important developments, based on actual use and successful results the dispute settlement system of the World Trade Organization ("WTO") has had much greater impact. Most settlement of disputes between persons of different countries takes place, however, not at the ICJ, or the ICC, or the WTO, but in private arbitration and in litigation before national courts. Peace (and justice) are promoted and kept on a regular basis through the process of reaching decisions in specific cases involving specific parties. In all of this, lawyers play the central role-as advocates, as judges, as arbitrators. Lawyers are day-to-day peacemakers. This article considers one part of the evolution of Europe: the developing competence of the European Union over matters of private law, private international law, and judicial cooperation - in other words, the role of the European Union (through the institutions of the European Community) in private litigation.

Keywords: European Union, private litigation, foreign policy, private law, private international law, judicial cooperation, European Community, dispute resolution