REPERCUSSIONS ON ARGENTINE PRIVATE INTERNATIONAL LAW 30 YEARS AFTER THE REFORM OF THE NATIONAL CONSTITUTION

Abstract

Constitutions reflect the culture and tradition of each country. It is not surprising that the National Constitution (NC) lacks of specific norms of Private International Law (PIL). This absence does not imply that the provisions in this matter are exempt from the process of constitutional control and adaptation. The Constitution contains principles and values that the provisions of PIL must defend and respect, such as effective judicial protection and equality, to avoid being considered unconstitutional. When the NC is modified, PIL is inevitably affected. The main consequences of the 1994 reform in the discipline are associated, on the one hand, with the recognition of the supralegal hierarchy of treaties in general, and on the other, with the hierarchization with constitutional rank of a significant number of international human rights instruments.