International trade agreements and private international law; narrowing mutual links

Abstract

Since the globalisation phenomenon gained protagonism in the second half of last century, two of its dimensions can be remarked. On the one hand, the States’ economies are intricately linked; hence, under this interdependence it is not possible to talk about "national economy" without taking into consideration the international situation (macro). On the other hand, economic transactions take place in a global –transnational- economic space; in other words, within a “international commercial society” (micro). The double dimension marries well with the classic academic Public and Private international law divide (PIL–PrIL) and has traditionally left international trade regulation out of the scenario of the last one despite it constitutes the basic framework for transborder transactions. This piece aims to elaborate on a reasoning that ambitions to leave behind strict understandings of PrIL and to open up approaches closer to the real life and practice in what concerns international trade agreements. Beyond globalization, nowadays digital economy keeps on challenging legal academics and practitioners, particularly PrIL ones, to adapt and/or reformulate the understanding of the trans-border economic operations. The attempt conforms to the holistic and interdisciplinary tendencies in the academy that, nonetheless, cannot lose perspective of what is needed in classrooms. To this end, this contribution endeavours to present how do PrIL and international trade agreements interrelate and how PrIL theory has overshadowed or limited its practical needed role in international trade law.