The Development On The Doctrine Of Party Autonomy In The Principles On Choice Of Law In International Commercial Contracts

After the theoretical controversial research and practical illustration for centuries,the doctrine of party autonomy has developed into the basic and core principle in the field of international contracts.Although the basic status of the doctrine of party autonomy in the applicable law to international contracts has been established in most national laws and the regional international conventions except some countries which don't recognize the doctrine,there is still no unified international instrument which contains the doctrine about the applicable law to international contracts.Given that,after feasibility study and demonstration for several years,Hague Conference on Private International Law approved the Principles on Choice of Law in International Commercial Contract(the “Principles on Choice of Law” or “Principles”)on 19 th March 2015.The Principles is accompanied by Commentary to interpret and supplement it.The Principles makes out detailed provisions regarding to the specific questions about the doctrine of party autonomy in the applicable law to international contracts,and embodies two sides of development to the doctrine of party autonomy: Firstly,the Principles adjusts to the develop trends of the doctrine of party autonomy,and refines the “best practice” in the field of international commercial contracts;Secondly,the Principles designs the significant innovation in the details of the doctrine of party autonomy with inventive contents and form,enriches the connotation of the doctrine of party autonomy,and make great contributions to the development of the doctrine.As the model instrument about the choice of law in international commercial contracts,the Principles will have great effects on the unification of contract conflict law worldwide.On the basis of analysis to the main content of the Principles,the paper discusses the breakthroughs and development to the doctrine of party autonomy in the Principles,and then makes some dilettante suggestions to the Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships and Interpretations I of the Supreme People's Court on Several Issues Concerning Application of the Law of the People's Republic of China on Choice of Law for Foreign-Related Civil Relationships.The main body of the paper consists of four chapters.Chapter I introduces the background,purposes,drafting process,nature and function of the Principles.Chapter II analyzes related provisions of the doctrine of party autonomy in detail,containing the scope of the Principles,timing,method and scope of the choice of law,validity and reach of the choice of law agreement,assignment,and restriction to the doctrine of party autonomy,based on the related interpretations and illustrations in the Commentary.Chapter III firstly presents the development course of the doctrine of party autonomy briefly,and then concludes the embodiment of which the Principles conforms to the trends of development of the doctrine of party autonomy by contrasting Rome I Regulation and Mexico City Convention..Chapter IV analyzes the innovative provisions in the Principles with comparison to the provisions in the Draft Principles and other related international instruments,and demonstrates the breakthroughs and development to the doctrine of party autonomy in the Principles.Chapter V firstly introduces the regulations regarding to the doctrine of party autonomy in the field of foreign related contracts in China,and then put forward some suggestions to the legislation in the field combined with the provision in the Principles,in the hope of being helpful to the improvement and development of the doctrine of party autonomy in the field of foreign related contracts in China.