Points of Intersection between Jurisdiction, Applicable Law and the Rule of Law

Alex Mills

Chapter 7 in Private International Law and Global Crises, 2026, pp 149-165 from Edward Elgar Publishing

Abstract: The interaction between the rule of law and private international law is a relatively underdeveloped but nevertheless potentially rich subject of inquiry. This chapter outlines some points of intersection between the rule of law and private international law, with a focus on rules of jurisdiction and applicable law. It begins with some preliminary clarification of the concept of the rule of law, before considering in turn three points of intersection: the evaluation of rules of jurisdiction and applicable law from a rule of law perspective, the use of rule of law criteria in the application of rules of jurisdiction and applicable law, and the potential presented by rules of jurisdiction and applicable law for development of a transnational approach to the rule of law. The overall conclusion is that the interaction between the rule of law and rules of jurisdiction and applicable law presents not only a useful frame for thinking about private international law, but also an opportunity to interrogate and develop thinking about the rule of law itself.

Keywords: Rule of law; Private international law; Jurisdiction; Applicable law; Public policy; Transnational law (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035360192
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