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Private International Law and Global Governance (eBook)

Edited by: Horatia Muir-Watt, Diego P. Fernandez Arroyo

ISBN13: 9780191043383
Published: December 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £62.50 + £12.50 VAT
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Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law.

Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state.

The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible.

This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.

Subjects:
Conflict of Laws, eBooks
Contents:
Introduction: The Relevance of Private International Law to the Global Governance Debate

PART I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS

SECTION A. EPISTEMOLOGICAL CHALLENGE: THE MEANING OF 'PRIVATE' IN PRIVATE INTERNATIONAL LAW
1. Comparative Law as Resistance
2. Private v Private: Transnational Private Law and Contestation in Global Economic Governance
3. Post-critical Private International Law: From Politics to Technique

SECTION B. POLITICAL CRITIQUE: PRIVATIZATION AS HOMOGENIZATION
4. Global Land Grabbing: A Tale of Three Legal Homogenizations
5. Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism

SECTION C. SEARCHING FOR LEGITIMACY: QUESTIONS OF DESIGN
6. Private Adjudication Without Precedent?
7. The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking
8. Balancing the Public and the Private in International Investment Law

PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS

SECTION A. THE GLOBAL TURN TO INFORMALITY: PRAGMATISM AND CONSTRUCTIVISM
9. A Pragmatic Approach To Global Law
10. Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation
11. The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs

SECTION B. RE-IMPORTING PUBLIC LAW METHODOLOGY: FEDERALISM AND CONSTITUTIONALISM
12. Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law
13. The Constitution of the Conflict of Laws
14. Importing Proportionality to the Conflict of Laws

SECTION C. REINVENTING A GLOBAL HORIZON: WORKING TOWARDS A GLOBAL PUBLIC GOOD
15. Regulatory Choice of Law as a Public Good
16. Recognition( and Mis-recognition) in Private International Law
17. Can Private International Law Contribute to Global Migration Governance? Paradigm Change in Private International Law: Renewal, Circularity, or Decline?