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DYNAMICS OF TECHNOLOGY IN THE ARENA OF PRIVATE INTERNATIONAL LAW – AN ANALYSIS

INTRODUCTION

Over the years, private international law[1] has significantly evolved in response to changing social, economic, and technological conditions across borders. Technology advancements have emerged as one of the most significant factors driving the dynamics of private international law. In the current digital age, technology has revolutionized not only the way people interact but also how businesses operate. Accordingly, private international law has had to adapt and keep pace with new technological developments. International business transactions, online contracts, e-commerce agreements and digital payments have become commonplace, creating new challenges for private international law. Arbitrators often exercise a closest connection test to determine applicable laws or rules when parties do not explicitly choose them for cases involving foreign elements. In most cases, this might be an outcome of utilizing general principles of international private law or cumulative approaches used in attached mechanisms of international legal systems. However, taking such a position may disregard traditional views that non-state actors are only governed by domestic laws while States are governed by public international law.

Dynamics Of Technology In The Arena Of Private International Law

Private international law, also known as conflict of laws, is a legal discipline that deals with cases involving foreign elements. It is concerned with resolving conflicts that arise between the laws of different jurisdictions in areas such as contract law, torts, property rights, and family law. As a set of second-order rules, private international law seeks to regulate questions such as which court has judicial authority to hear disputes with foreign elements, what law applies to such disputes, and how a judgment from one court is recognized and enforced in another court.

Challenges Of Technology In Private International Law

However, with the advancements in technology, private international law has encountered challenges that require a more modern and reactive response to keep pace with emerging trends. Despite the significant role that technology plays in today’s world[2], there is surprisingly little research available on how applicable law has operated under the areas of private international law that govern technology. Professor Savelyev’s[3] research on the influence of blockchain technology on traditional contract law and its risks, “Blockchainization”[4] of private international law, copyright infringement on the internet, and cyber security laws have been some of the few initiatives that explore this area. These developments have led to the recognition that technology has become a significant factor driving the dynamics of private international law. Moreover, the dynamics of private international law have also been influenced by the increasing role of non-state actors in international relations. Traditionally, non-state actors were only governed by domestic laws while states were governed by public international law. However, this traditional view has been questioned as private international law recognizes that the actions of non-state actors can have implications across multiple jurisdictions. Therefore, there is a growing need for private international law to develop new legal regimes that govern the worldwide use of technology, taking into account both public and private international law principles. Private international law plays a crucial role in facilitating cross-border transactions and settling disputes involving foreign elements.

Private international law needs to adapt to the modern world and take into account new developments such as technology and its global impact on legal transactions. This will require a more flexible and proactive approach that recognizes the dynamics of the globalized world and the increasing role of non-state actors in international relations. One of the key challenges facing private international law is how to address emerging legal issues related to technology, such as blockchain and cyber security. These issues require private international law to collaborate with public international law and other legal regimes to develop a consistent and effective approach. In conclusion, private international law has evolved over the years to govern transnational legal relationships[5].

With the growing interdependence of states and the influence of technology on private international law, it is imperative that this legal regime adapts to such developments in a timely and effective manner to remain relevant in today’s rapidly changing world. Private international law has recognized the importance of technology and its impact on global legal transactions.

It is essential for private international law to continue to evolve and develop in a manner that takes into account the changing dynamics of global interdependence, as well as the role of non-state actors in international relations. Moreover, private international law must continue to work closely with public international law and other legal regimes to develop new laws that address emerging legal issues related to technology and to ensure a consistent and effective approach to addressing them.

The Role Of Private International Law In The Global Legal System

The role of private international law in the global legal[6] system cannot be underestimated, especially in facilitating cross-border transactions and resolving disputes involving foreign elements. Private international law affects numerous transactions between private parties, including the sale of goods and ancillary services such as transportation, insurance, financing, and dispute resolution. As a result, private international law plays an increasingly critical role in shaping the global legal landscape and promoting economic growth. Furthermore, private international law has also expanded its scope to include pressing global issues such as human rights and climate change. In the face of these developments and challenges, it is necessary for private international law to remain vigilant in promoting legal certainty, consistency, and predictability across borders. As the legal profession continues to evolve, private international law should also adapt to these changes.

This can be achieved by establishing international standards and best practices to ensure that legal professionals worldwide are well-equipped to handle the changing needs of transnational business transactions and disputes involving technology. In addition, private international law should foster closer collaboration between national courts and international institutions such as the Hague Conference on Private International Law to develop a more robust legal framework for cross-border civil and commercial transactions. Considering the increasing focus on Africa as a driver of global economic growth, African countries should also explore ways to cooperate more closely with the Hague Conference on Private International Law to establish a multilateral legal framework for cross-border transactions in the African Continent. Moreover, private international law should also keep pace with the latest trends in arbitration and alternative dispute resolution mechanisms.

This can be achieved through international cooperation and collaboration to establish multilateral legal frameworks, set international standards for legal professionals, and keep updated with the latest trends in the legal profession. Furthermore, adequate public support must be provided to private international law as a means of resolving disputes and establishing behavioural norms for international actors. To achieve this, private international law should receive greater recognition and support from governments, institutions, and society as a whole. Additionally, private international law should be viewed as an essential component of global governance and promoted among legal professionals worldwide to ensure that the legal profession remains at the forefront of solving complex cross-border legal issues. Furthermore, it is crucial to recognize that private international law cannot be fully effective without strong national legal systems supporting it. Therefore, African nations should pay attention to the development of national legal systems[7] that prioritize private international law and explore ways to cooperate with international organizations and other countries to strengthen their legal frameworks. Private international law is a complex matter that requires ongoing attention and adaptation to changing global realities. As such, a multidimensional approach is necessary to ensure private international law continues to serve as an effective mediator of local and global legal orders. Effective private international law mechanisms will enable the cross-border resolution of disputes, establish a level playing field for businesses worldwide and provide for consistent legal rules across borders. Private international law operates as a conflict of laws system, providing rules that determine what national law is to be applied to transactions involving individuals or corporations from different countries.

CONCLUSION

In conclusion, private international law plays a vital role in today’s rapidly changing and interconnected global landscape. It affects numerous transactions between private parties, promotes legal certainty and consistency across borders, and addresses pressing global issues such as human rights and climate change. Therefore, it is crucial for private international law to remain adaptable and responsive to changing realities in the global economy. As the world continues to face new challenges and changes, private international law will play a crucial role in ensuring that global legal systems can navigate various complex issues concerning cross-border interactions. The recognition of judgments globally remains an area of concern, which makes it necessary for further progress on the unification and adoption of uniform laws. Neil Walker’s lecture about the fall of international order calls for attention to be paid towards how transnational domain-specific private ordering, hybrid public-private ordering and new forms of global legal regimes challenge state laws. The potential impact of private international law cannot be overstated as businesses continue to expand in reach beyond borders.

Author(s) Name: Vijayitha (Calicut University, Kerala)

Reference(s):

[1] Levin college of law , International private law (University of florida,) < https://guides.law.ufl.edu/FCIL/FCIL_International_Private_Law >22/6/ 2023

[2] Andrea Slane,JSTOR Tales, Techs, and Territories: Private International Law, Globalization, and the Legal Construction of Borderlessness on the Internet(JSTOR,16/5/2008)< https://www.jstor.org/stable/27654668 >22/6/2023

[3] Andrea slane, Tales, Techs, and Territories: Private International Law (Duke law, 16/5/2008)< https://scholarship.law.duke.edu/lcp/vol71/iss3/6/ >22/6/ 2023

[4] Andrea slane, Law and contemporary  problems (Duke law, 16/5/2008)< https://scholarship.law.duke.edu/lcp/vol71/iss3/6/ >22/6/ 2023

[5] Henry J Steiner,The development of private international law by international organizations(JSTOR,2008)<https://www.jstor.org/stable/25657643 >  22/6/2023

[6]  Mr. Kaso Kardona ,University of Stirling( Private international law,2021)< https://www.stir.ac.uk/about/faculties/arts-humanities/law-and-philosophy/law-research/private-international-law/ > 22/6/ 2023

[7] Sylvia Wairimu Kangara,why tale private law seriously in Africa? (American university of  International law review,2011) <https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1725&context=auilr > 22/6/2023