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Pierre Lalive (d'Epinay) is a Swiss Professor (emeritus) of Law of the University and the Graduate Institute of International Studies of Geneva, member of the Bar and now Senior Partner of Lalive, Attorneys-at-law. he has been active as arbitrator, counsel or consultant in many international cases, commercial or involving States (e.g. before the ICJ and ICSID, ICC, CAS, etc).
He obtained a PhD in Cambridge (with a thesis on "the transfer of chattels in the conflict of laws") and later became Arthur Goodhardt Professor of Legal Science (1978-79) and Fellow of Kint's. He received the doctorate in law (honoris causa) of the University of Lyon, Brussels, Paris and Rome and, in 1990, the Balzan Prize (for Private International Law). A delegate of the Swiss Government to several international conferences, Pierre Lalive presided in particular over the Rome Diplomatic Conference which, in 1995, adopted the UNIDROIT Convention on Stolen and Illegally Exported Cultural Objects. A member (and former President) of the Institut de Droit International, Pierre Lalive is the author of some 200 publications, mainly on private and public international law, State contracts, arbitration and art law.
Lecture summary: In the last decades the concept of a "transnational" or "truly international" public policy (or "ordre public") - while still rejected in a few doctrinal writings - appears to have gained increasing recognition in practice, in both court decisions and arbitral awards. It is also mentioned as a "hot topic" in several recent publications.
The notion should be distinguished from the traditional one of (national) private international public policy law, although they often coincide.
After an introduction on generalities, the lecture will address the main arguments "pros and cons" of the concept of transnational public policy, referring in passing to its theoretical and philosophical interest and attempt to show its practical importance in an era of globalization; in particular in international arbitration.
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