Concurrence ou confluence ? Droit international privé et droits fondamentaux dans la gouvernance globale

The contemporary irruption of fundamental rights into the field of private international law is a response to a need for governance which the traditional model had become inapt to fulfil. It is likely that the methodological and political irritants that have accompanied this turn will gradually stabilize, only to give way in turn to a new balance produced by emerging alliances of progressive and regressive forces. The object of this contribution is not to articulate nor to take sides in the ideological debate for and against fundamental rights, but to see how through their competition and the crisis they induce, the discipline of private international law might reposition itself on the map of global governance, from which it is at present remarkably absent.