The Private International Law Provisions in the ALI/Unidroit Principles of Transnational Civil Procedure: A Useful Model for Harmonization?
Tijdschrift voor Civiele Rechtspleging (TCR), p. 77-86, 2009
16 Pages Posted: 24 Jun 2009
Date Written: June 23, 2009
This contribution focuses on the relevant Private International Law provisions of the ALI/UNIDROIT Principles of Transnational Civil Procedure, in particular Principles 2, 22 and 30. These principles will be compared with the existing international rules, in particular those of the Brussels I Regulation, as well as the Dutch private international law rules. The question is in how far these Principles, that contain elements of both Civil Law and Common Law rules, are useful for further worldwide harmonization of private international law. It is concluded that the Principles contain some valuable benchmarks, but that they are often too open and vague in order to be suitable as model for progressive harmonization.
Keywords: ALI/UNIDROIT Principles of Transnational Civil Procedure, private international law, harmonization
JEL Classification: K4
Suggested Citation: Suggested Citation