The vast majority of international contracts raise issues of private international law. In the event of a dispute between two parties, which courts in the world are likely, if seized of the dispute, to declare themselves internationally competent? Which law would they apply? If one party obtains a judgment in its favour in one State, will it be able to have that judgment recognised and enforced in another State?
The private international law of a State consists of two sets of rules. In the first set, the State requires, accepts or provides for its private law norms to be given effect in relation to those of other States in the world and for its jurisdictional and non-jurisdictional authorities to be seized in relation to those of other States in the world. By a second set of rules, this State obliges itself to, or reserves the possibility of, giving private law effect to the norms of other States of the world.
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Didier Boden is a doctor of law, lecturer at the Sorbonne Law School (University of Paris 1 Panthéon-Sorbonne), elected member of the National Council of Universities, honorary professor at the University of San Martín de Porres (Lima). Specialised in Private International Law, regularly sent on mission to the Institute of International Business Law in Cairo, the Franco-Romanian Legal College of European Studies (Bucharest) and the University of El Salvador (Buenos Aires), he has been a guest professor or guest lecturer at the Max-Planck Institute of Private International Law and Comparative Private Law, the Slovak Judicial Academy, the East China University of Political and Legal Sciences (Shanghai), the University of São Paulo, the Max Planck Institute for International and European Procedural Law, Sciences Po Paris, the Universities of Urbino and Ferrara, the Pontifical Catholic University of Peru and the University of Paraná, the University of Chile, the National University of Rosario (Argentina), University of Buenos Aires, University of Rosario (Bogota), University of Gran Colombia, Unibrasil, Federal Universities of Ceará, Pernambuco, Paraná and Rio Grande do Norte, University São Judas Tadeu (São Paulo), Université Libre de Kinshasa.