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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Confluence of Public and Private International Law: Justice, Pluralism and Subsidiarity in the International Constitutional Ordering of Private Law

ISBN13: 9780521731300
Published: July 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99

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A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts.

Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law.

He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

  • Brings together and develops legal scholarship in both public and private international law, making the material from each discipline more relevant and accessible to the other
  • A wide-ranging analysis of approaches to private international law, exploring their relationship with ideas of international constitutionalism. Examines the rules of private international law in various common law and civil law systems from an international systemic perspective relevant to a global readership
  • Includes extensive comparative analysis of the role of private international law and its relationship with constitutional law in the US, EU, Australia and Canada, covering both history and new developments

Conflict of Laws, Public International Law
1. Justice, pluralism and the international perspective
2. The private history of international law
3. From positivism to constitutionalism
4. Private international law and constitutional law in federal systems
5. The confluence of public and private international law
6. Conclusions.