The affirmation of the principle of equality in both public and private international law shows some interesting similarities, despite the obvious and profound differences between the two fields. In both sectors, it was initially understood in a purely formal sense, only to take on a positive character in some more recent manifestations. This has been the case, for example, in the context of conventions on environmental protection, through the definition of common but differentiated responsibilities of States, or, in the area of uniform conflict-of-laws rules, through provisions aimed at enhancing the protection of socially weaker parties.
Il diritto internazionale pubblico e privato alla prova del principio di uguaglianza: alcune suggestioni dalla prassi recente
Ivaldi, Paola
2025-01-01
Abstract
The affirmation of the principle of equality in both public and private international law shows some interesting similarities, despite the obvious and profound differences between the two fields. In both sectors, it was initially understood in a purely formal sense, only to take on a positive character in some more recent manifestations. This has been the case, for example, in the context of conventions on environmental protection, through the definition of common but differentiated responsibilities of States, or, in the area of uniform conflict-of-laws rules, through provisions aimed at enhancing the protection of socially weaker parties.
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