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Vol 23 No 6 June/July 2018

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Nineteenth Century Perspectives on Private International Law

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ISBN13: 9780198819844
To be Published: July 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £70.00



Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law.

Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations.

Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.

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Subjects:
Conflict of Laws, Legal History
Contents:
1: Introduction
2: Individual- and State-Centered Perspectives in Nineteenth Century Private International Law
3: Individual- and State-Centered Perspectives in Nineteenth Century Europe
4: Tracing the Relational Internationalist Perspective in Europe After World War II
5: Individual-centered and State-centered Internationalist Perspectives in American Private International Law Theory
6: Recognition, Rights, and Reasonable Expectations
7: Legitimacy and Autonomy
8: Universalism Versus Uniformity
9: Conclusions

Series: The History and Theory of International Law

Law and the Political Economy of World Hunger ISBN 9780198823940
To be published December 2018
Oxford University Press
£70.00
From Slaves to Prisoners of War: The Ottoman Empire, Russia, and the Making of International Law ISBN 9780198785415
To be published September 2018
Oxford University Press
£65.00
£80.00
The Hidden History of International Law in the Americas: Empire and Legal Networks ISBN 9780190622343
Published May 2017
Oxford University Press USA
£64.00
The Law of Nations in Global History ISBN 9780198766070
Published March 2017
Oxford University Press
£80.00
To Reform the World: International Organizations and the Making of Modern States ISBN 9780198757962
Published February 2017
Oxford University Press
£70.00
International Law and Empire: Historical Explorations ISBN 9780198795575
Published January 2017
Oxford University Press
£80.00
Formalizing Dispossession: International Law and Population Transfers ISBN 9780198717430
Published December 2014
Oxford University Press
£69.00
Formalizing Dispossession: International Law and Population Transfers (eBook) ISBN 9780191026898
Published December 2014
Oxford University Press
£50.00 + £10.00 VAT
(ePub)
Buy
The Project of Positivism in International Law (eBook) ISBN 9780191508318
Published November 2013
Oxford University Press
£61.67 + £12.33 VAT
(ePub)
Buy
The Project of Positivism in International Law ISBN 9780199685202
Published November 2013
Oxford University Press
£86.00