Papers of BAS, Humanities and Social Sciences
Vol. 2, No 1-2, 2015
RETROSPECTIVE REVIEW OF SOME RECIPROCAL AGREEMENTS AND CUSTOMS IN PRIVATE INTERNATIONAL LAW
Abstract: The author reviews some of the international treaties and customs from Antiquity to the mid-19th century from the point of view of the implementation of the principle of reciprocity in Private International Law. Some of the main factors that turned reciprocity into a preferred instrument for protection of foreign subjects and merchants are analytically derived. In the past reciprocity was a convenient instrument for negotiations known from the relations based on exchange and could function in a relatively unregulated international environment. It gave opportunity to each of the contracting parties to instantly react in case that the reciprocal agreement was breached by the other party to it. Reciprocity also guaranteed equality between the citizens and merchants of the contracting states. It secured adequate protection for the local citizens and traders when abroad. And last, but not least, it created conditions for markets opening and development of trade and economic relations.
Key words: mutuality, reciprocity, Private International Law, customs, treaties, retrospection, history