Private International Law

The purpose of this post is to examine some of the principles of International Private Law related to jurisdiction and how it is important to re-visit these foundations to assure that multinational corporations do not use it as a shield against national norms on due diligence and corporate accountability.

El pasado 21 de mayo, profesoras y profesores que integran la Rama Latinoamericana de la Global Business and Human Rights Scholars Association realizaron el webinar “La Debida Diligencia en el régimen de Empresas & Derechos Humanos: Una visión desde América Latina”. El propósito del evento fue analizar la debida diligencia y su potencial impacto en las discusiones sobre el régimen de empresas y derechos humanos en dicha región.

On May 21, members of the Latin American Branch of the Global Business and Human Rights Scholars Association organized the webinar “Due Diligence in the Business & Human Rights regime: A Latin American view”. The purpose was to analyze the potential impact that the implementation of due diligence norms and policies may have in advancing the business and human rights field in the region.

It would be beneficial to take more interest in private international law, but even more useful to adopt a harmonised approach in dealing with international commercial law. There are several justifications for Nigeria to consider the high-octane aspects of international trade such as free trade. Nevertheless, a journey towards sustainable growth would be to operate a rather seamless philosophy that brings different strands of commercial law interests together in dealing with the world.

This post argues for greater collaboration between African countries and the Conference to ensure the continuing development of private international law on the continent, especially in fields of commercial significance. There are a number of important subject areas such as the enforcement of judgements, choice of law and jurisdiction agreements for which domestic reforms could be inspired by some of the Conference’s work.

Harmonisation of private international law in the African Union is currently remarkably underdeveloped. Since harmonisation is indispensable for the planned economic integration, it is essential to pursue further developments. To conclude, harmonisation of private international law in the African Union is an affair to be closely followed.

Drawing from comparative experiences, it is opined that a systematic academic study of private international law might create the required strong political will and institutional support (which is absent at the moment) that is necessary to give private international law its true place in Africa.

Rudahindwa’s contribution lies in his articulation of the need for institutions and legal frameworks to reflect these multiple objectives of African RECs. In this regard, he ably demonstrates how the specific objectives of NAFTA, ASEAN, MERCOSUR and the EU have informed the nature of the institutions that manage their respective organisations and their legal frameworks, including how they address issues such as the relationship between the laws of the organisations and their member states, the bindingness of agreed commitments and laws, and dispute settlement.