Private international law has been distinguished from public international law in the sense that the former does not involve disputes between nations. However, this does not mean that national interest is irrelevant to private international law. In fact, private international law has always been shaped by national interest, mainly in the form of sovereignty and commercial interest. To further these interests, nations compromise and expand both their judicial and legislative jurisdictions. This proposition will be tested by the developments of private international law in the United States and China. It shows that their respective scope of jurisdictions have always tracked the rise and fall of their national economic powers historically. Applying realist theories in international relations, it is argued that countries naturally and legitimately look after their own national interests. Whether one likes this position or not ideologically, future developments in private international law will continue to be heavily influenced by national interests, particularly those of the great powers.

About the Speaker: Prof. Dicky Tsang, Associate Professor, CUHK LAW