Autonomia da vontade, redes de cooperação e conflito de culturas como vetores da ordem global: notas sobre a 80ª Sessão de Direito Internacional Privado da Academia da Haia

Abstract

The article offers a review based on lectures’ notes by the occasion of the 80th Session of Private International Law of the Hague Academy of International Law, which took place on 9-23 July 2010. It also submits, in distinct parts, comments to core discussions raised by the invited lecturers on contemporary topics of private international law and some of its most controversial domains. In this sense, the article deals with different approaches covered by the interactions between principles, norms and institutions of private international law and a range of sectors, such as family affairs and family law; mutual recognition of foreign judgments; interpersonal and interprofessional conflict of laws; party autonomy and international contracts; alternative legal transactions and will substitutes to testamentary succession; application of the principle of equivalence and substitution; and the method of private international law in the ‘conflict of cultures’. To a large extent, these issues converge to the lecturers’ own conceptions in relation to the foundations of private international law, in particular choice of law applicable, jurisdiction, recognition and enforcement of foreign judgments and international legal cooperation. They confirm the main premises that the major issues of the global order interplaying with private international law remain justified in continuous social phenomena involving mobility of family members, transnational commerce; judicial and administrative cooperation and adjudication at international level.