欧盟国际私法统一化进程的新突破——《阿姆斯特丹条约》相关规定评析

A New Breakthrough in the Process of Unification of EU's Private International Law——Analyses and Comments on the Treaty of Amsterdam

《阿姆斯特丹条约》在一定范围内首次赋予了欧共体采取协调或统一各成员国国际私法的措施的权力 ,这是欧洲国际私法统一化进程中从未实现的一个重大突破。基于欧盟基础条约解释上的实践经验 ,考虑到国际私法领域在欧盟法律统一化整体进程中的滞后状态 ,应以积极、开放的态度理解这些新增的规定。

For the first time, the Treaty of Amsterdam gave the European Community the legislative power on the unification of its Member States' private international law rules, which is an important breakthrough in the process of the unification of EU's private international law. This paper is concentrated on the analyses of the related provisions of that Treaty, particularly on the decision-making procedure, the scope of their application, the relation with other related provisions, the influence on the non member states. Finally, the author put forward some proposals as to the interpretation and application of the Treaty of Amsterdam in the field of European uniform private international law.