Crypto-nationalisme et droit international privé

Abstract

Private international law is an interesting field when it comes to crypto-nationalist trends. Historically, the shaping of modern private international law has much to do with the construction of modern nation states and some of its main figures have dealt extensively with the part “national” law should play in conflict of laws. But it’s mainly in the making and application of private international law rules that the reaction to foreign norms can take a crypto-nationalist turn. This article first addresses the particularity of private international law with regard to crypto-nationalism. It then analyses two examples of possible crypto-nationalist trends: applying an individual’s “national” law and displacing the applicable law because of public policy reasons (“ordre public”).