Ressource pédagogique : Sebastian Spitra - Uncovering a Forgotten History: Private International Law as National Promise for Internationalism in the 19th Century

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The historical study of private international law is an often-neglected topic within the broader turn to the history in international law. Only a few works explore the dogmatic, intellectual and social history of this area of law with its at times hybrid position between the domestic and international level. This paper focuses on this lacuna and seeks to describe the development of private international law or conflict of laws during the 19th century. From the mid-18th century to the end of the 19th century, the foundations of this field of law have been aligned to new requirements of the political and economic order: The rise of the nation state, international economic markets and the increased mobility in a connected world by technological innovations are just some key issues that mark this transition. The argument of this paper is that this transformation on a transnational legal level emanated from domestic legal changes and discourses that can be comparatively observed in various countries at the time. It seeks to describe, on the one hand, the dogmatic preconditions and shifts, but also embed it, on the other hand, in the practical and intellectual environment at the time. Despite the aspirations of many international lawyers, the debates were perceived through the national lenses. The paper seeks to relate these legal discourses to the understanding of internationalism that was driving many intellectuals in different fields at the time.  

"Domaine(s)" et indice(s) Dewey

• Droit international (341)

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