“Conflicts Revolution” or Revolution through Conflicts? Fomentar el cambio o preservar el statu quo a través del Derecho Internacional Privado

Abstract

Much has been discussed about Private International Law’s (PIL) conflict revolution, the intellectual movement that challenged some of the fundamental principles of the discipline. Far less attention had been paid to PIL’s revolutionary potential: its ability to bring about change in theworld. In recent times, scholars have increasingly been exploring how PIL can contribute to addressing pressing issues of our times, from environmental crisis to human rights violations. Yet, a crucial question remains unanswered: can PIL truly drive change? In this article, I aim to answer this question. I summarize some of the most recent ‘crisis–solving’ proposals within PIL and identify their common features. I assess how these proposals interact with PIL’s key features: technical language, focus on differences, private nature, and market orientation. I show that these proposals not only come into direct conflict with PIL’s key features but also that their potential to produce change is inherently limited by them. I conclude that no meaningful change (or ‘revolution’) can be achieved through PIL until PIL’s fundamental assumptions are revisited too.