DENATIONALISING PRIVATE INTERNATIONAL LAW – A LAW WITH MULTIPLE ADJUDICATORS AND ENFORCERS

Abstract

: This article proposes a discourse on the denationalization of Private International Law (PrIL), by approaching PrIL as a law with multiple adjudicators and enforcers. Quite evidently, and as powerful as it still may be, the State is nowadays no longer what it used to be . In the realm of PrIL, the central role once played by the State has progressively been eroded. Indeed, the State coexists with other – public and private – actors. Based on that, the study emphasizes that the fabrication and the enforcement, as well as, ultimately, the effectiveness of PrIL considerably depend on different kinds of non-State actors. The proposals to approach the future evolution of PrIL as a tool to foster global governance should not ignore the fundamental role of private adjudication and private enforcement.