Choice-of-Law Justice

Abstract

This essay is devoted to the justice of the Choice-of-Law system. Justice materializes in values and principles. It begins with a characterization of conflictual justice, namely its formal, substantive or mixed character, and the question about the extent in which it is justified to favor substantive results. This is followed by an examination of the formal and material values in which conflictual justice materializes, namely human dignity, and of the trend towards a conflictual justice of the particular case. Some brief closing remarks address the issues of the so-called methodological pluralism of Private International Law, of the nexuses between choice-of-law, choice-of-court and recognition of foreign judgments and awards, and of the convergence between the competent forum and the applicable law. Axiological pluralism, scientific eclecticism and an integrative approach are advocated.