Research On The Impact Of International Politics On Private International Law

Although private international law regulates civil and commercial legal relations between different countries or jurisdictions,any subjects thereof have their backs from their home country.Therefore,any disputes concerning foreign-related civil and commercial affairs may eventually become a dispute between sovereign states.Since the principle of sovereignty was introduced into private international law theories,international political factors had begun to exist in private international law.However,due to the fact that modern international politics theories did not emerge until the end of World War I,and its research on national sovereignty has traditionally focused on issues of territory and security,international politics elements involved in private international private law which mainly concerns about private parties,has been ignored.After the end of the Cold War,the arrival of the peace and economic globalization have made international politics theories no longer confined to the security of sovereign states,but have increasingly focused on the shaping effect on political and economic environment by various non-state actors in the world.Against this background,the links between private international law and international politics are increasingly being taken seriously.The impact of international politics on international private law is also increasingly evident.Thus,this article attempts to start with the three most important aspects of private international law,namely,the jurisdiction,the choice of laws,and the recognition and enforcement of foreign judgments,to dig deeply into the impact of international politics on private international law,and to further explain its great practical significance for the realization of Community of Shared Future for Mankind,as well as maintaining international civil and commercial rights of Chinese parties.This article mainly includes the following five parts except for Introduction:The first part analyzes why international political factors exist in private international law.Based on the longitudinal and horizontal comparisons of the historical development of international private law and international politics,it is not difficult to conclude that there are three main reasons for the existence of international politics in private international law:The interaction between countries provides a common driving force for the development of private international law and international politics;National interests is a common goal of private international law and international politics;The recent development of international politics theories,especially the global governance theory,renders international political factors in private international law more significant.The second part elaborates the influence of international politics on the jurisdiction.Firstly,it examines the decisive role of a country's international policy in its jurisdiction over international civil and commercial cases by examining several types of common grounds for exercising or rejecting jurisdiction.Then,it elaborates on the driving force of international common interest and the global markets on international jurisdictional cooperation.It shows the 2005 Agreement on the Choice of Courts Convention as an example to demonstrate the latest fruit of international cooperation in the area of international private law jurisdiction.The third part clarifies the influence of international politics on the choice of law.First,upon the horizontal historical research method,it elaborates the development course of mainstream theories of conflict law influenced by international politics,and then it employs a horizontal comparison method by which it clarifies that international politics is promoting the convergence of European and U.S.private international law policies.Secondly,taking the application of foreign litigation procedure law and foreign competition law as examples,it explains that under the influence of the development of international politics,the scope of choice of law has been expanded.Finally it specifically discussed,when a judge is hearing a certain case consisting of a complex international politics interest,he may apply laws with much flexibility upon his own discretion.The fourth part discusses the impact of international politics on the recognition and enforcement of foreign judgments.Firstly,it analyzed that different countries apply different standards in regard to the recognition and enforcement of foreign judgments according to their understanding on the relationship between international politics and foreign judgements.Secondly,by demonstrating the phenomenon of "judgement arbitrage",it further explains the influence of a country's international political beliefs on its attitude towards foreign judgments.After that,through case analysis,it states the bad international image of a certain country will negatively affect the judgements of its courts extraterritorially.Finally,it discusses that different standards of reciprocity adopted by domestic courts will also have an impact on the effectiveness of foreign judgments.The fifth part,conclusion and enlightenment.In a nutshell,the impact of international politics on private international law is not only important,but also sustained and far-reaching.China should strengthen the understanding on the impact of international politics on international private law,and merge our international political values into China's private international law to better serve the goal of Community of Shared Future for Mankind.Besides,we should also further study the impact of international politics on foreign private international law to help Chinese parties maintain their international civil and commercial interests.