Party Autonomy Then and Now

Abstract Virtually all private international law systems now accept the principle of party autonomy, namely the notion that parties to a multistate contract may agree in advance, and within certain parameters and limitations, on which state’s law will govern the contract. The first part of this Article, corresponding to the word “then” in the title, traces the slow evolution of this principle through the centuries: From an isolated example in antiquity, to the academic literature of the Early Modern Era, to its accelerated acceptance and subsequent triumph in the second half of the twentieth century. The second part, corresponding to the word “now” in the title, discusses two important variations among contemporary legal systems regarding the permissible scope and appropriate public policy limitations of this principle. Finally, because this Article was written for a conference held in Bremen, Germany, the third part concludes with a brief discussion of the connection between a ship bearing the city’s name and a landmark decision of the United States Supreme Court that extended this principle to exclusive choice-of-court agreements.