NETWORK METHODOLOGY OF PRIVATE INTERNATIONAL LAW IN CONDITIONS OF HETERARCHY OF NORMATIVE SYSTEM

Abstract

Private international law has a unique methodological tool that is able to adapt flexibly to the significant social transformations caused by the spread of information and communication technologies. In the conditions of formation of the network society built in logic of scaling of horizontal cross-border relations, law seriously evolves, rethinks and redefines itself. The legal space becomes only a part of a wider normative field, the individual arrays of which already surpass the law in their regulatory impact. The volume of non-state regulation is increasing, eroding the rigid foundation of legal matter. There is a conflict of law and non law, which in the conditions of heterarchicity of regulatory systems and intensification of co-regulation processes, requires streamlining. The relevant tools for overcoming the conflict of law inherent in private international law are avant-garde, carrying a significant potential, capable to create patterns in the context of the collision of different regulatory systems, for example, national law and lex mercatoria. The present work is devoted to the study of trends in the evolution of methodological tools of private international law in the context of the transformation of law in a network society.