European Private International Law and Third States

Articulated in a number of sectorial regulations, the European private international law system has not always grown in a very systematic way.After years of swift development towards a more extensive coverage of different civil law areas and an increased integration of the national systems, the time has probably come to improve the coordination among the single instruments.The regulation of third-country relationships is undoubtedly one of those issues that call for a more consistent approach.While the universal application of choice-of-law rules is a constant feature of all adopted regulations, unjustified disparities persist with respect to jurisdiction and lis pendens.The national rules of the Member States have been entirely replaced by uniform European rules in certain areas, whereas they are still very relevant in others.Parallel proceedings pending in a third country are dealt with under one regulation, but ignored by the others.And while the recognition and enforcement of third-country judgments is consistently left to national law, this might seem at odds with the far-reaching European coverage of jurisdiction and choice-of-law issues.Hopefully, the Hague Judgments Project will result in a successful convention in the near future.But the external relations of the EU in the area of private international law should not depend entirely on the prospects for a Hague instrument.Whether this prospect materializes or not, the EU institutions should take advantage of the negotiation process in order to elaborate on a coherent set of unilateral European law rules for disputes involving parties of third countries.* This paper is based on the presentation the author gave at the conference "Kodifikation des Internationalen Privatrechts: Deutsche Erfahrungen und europäische Perspektiven dreißig Jahre nach der großen EGBGB-Reform von 1986 -35 Jahre IPRax" (Codification of Private International Law: German Experiences and European Perspectives 30 Years After the Major Amendment of the Introductory Act to the German Civil Code of 1986 -35 th Anniversary of IPRax) on September 24, 2016, at the University of Cologne.The conference was hosted by IPRax and the German Council for Private International Law.