IDEAS home Printed from
   My bibliography  Save this article

La fonction économique du droit international privé


  • Horatia Muir Watt


We witnessed an increased internationalization of anti competitive practices and restrictive business practices, among which abuses of economic dominance could be mentioned. This phenomenon, a major consequence of the globalization of the economy, makes the interfaces between economic law and private international law complex and of paramount importance. It stems from statutory economic laws and case laws a perfectible objective to address the international anti competitive practices by applying mandatory economic laws in regulating the market behavior of the international undertakings, i.e., competition law rules. The mandatory character of the economic law rules regulating the market not only ensures their self enforcement, but also guarantees their respect by the economic actors. However, the mandatory character of these rules can be undermined by the principle of party autonomy which is recognized by private international law. Hence, the contractual freedom to choose an applicable law, to conclude a choice of forum agreements and to solve their litigation by arbitration are “legal tools” that the economic actors can use to hinder the mandatory character of the rules regulating the economic behavior within the market. By using these very tools that private international law makes available to them, undertakings are able to elaborate litigation strategies that allow them to circumvent the mandatory character of these rules to their own selfish economic interests.

Suggested Citation

  • Horatia Muir Watt, 2010. "La fonction économique du droit international privé," Revue internationale de droit économique, De Boeck Université, vol. 0(1), pages 103-121.
  • Handle: RePEc:cai:riddbu:ride_241_0103

    Download full text from publisher

    File URL:
    Download Restriction: free

    File URL:
    Download Restriction: free


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_241_0103. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.