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Private International Law and Global Governance

Private International Law and Global Governance

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198727620
  • 出版时间 December 2014
  • 规格: Hardback , 400 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,488.00

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    • Provides a critical approach to private international law in the context of global governance
    • Explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state
    • Contributes to ongoing debates about the changing nature of law in a global era

    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. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. 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.

    Readership: Scholars and students of regulation, international law, international relations, and global governance; policy makers within national and international regulatory bodies.

  • 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: Geoffrey Samuel: Comparative Law as Resistance
    2: Robert Wai: Private v Private: Transnational Private Law and Contestation in Global Economic Governance
    3: Ralf Michaels: Post-critical Private International Law: From Politics to Technique
    Section B. Political Critique: Privatization as Homogenization
    4: Tomaso Ferrando: Global Land Grabbing: A Tale of Three Legal Homogenizations
    5: Veronica Corcodel: Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism
    Section C. Searching for Legitimacy: Questions of Design
    6: Diego P. Fernández-Arroyo: Private Adjudication Without Precedent?
    7: Gilles Cuniberti: The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking
    8: Yannick Radi: 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: Benoit Frydman: A Pragmatic Approach To Global Law
    10: Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation
    11: Michael Karayanni: 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: Alex Mills: Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law
    13: Jacco Bomhoff: The Constitution of the Conflict of Laws
    14: Jérémy Heymann: Importing Proportionality to the Conflict of Laws
    Section C. Reinventing a Global Horizon: Working towards a Global Public Good
    15: Bram van der Eem: Regulatory Choice of Law as a Public Good
    16: Ivana Isailovic: Recognition( and Mis-recognition) in Private International Law
    17: Sabine Corneloup: Can Private International Law Contribute to Global Migration Governance?
    Horatia Muir Watt: Paradigm Change in Private International Law: Renewal, Circularity, or Decline?

  • Horatia Muir Watt is Professor at Sciences-Po Paris, where she is Co-Director of the programme 'Global Governance Studies' within the Master's Degree in Economic Law. She gained a PhD in private international law from the University of Panthéon-Assas Paris in 1985. She is a tenured Professor in private international law and in comparative law. She taught at the University of Tours, at the University of Paris XI, and at the University of Paris I Panthéon-Sorbonne between 1996 and 2009 and was appointed to Sciences Po in 2009. She is a Member of the Institute of International Law and Editor-in-chief of the Revue critique de droit international privé (the leading French-language journal on private international law) and a member of the publication committees of numerous other legal journals. She founded the PILAGG (private international law and global governance group), now run with the LSE.

    Diego P. Fernández Arroyo has been professor at the School of Law of Sciences Po in Paris since 2010, and a Global Professor of New York University since 2013. He teaches subjects related to international dispute resolution, arbitration and conflict of laws. At Sciences Po he is co-director of the Global Governance Studies Program and co-director of the Research Project Private International Law as Global Governance (PILAGG). Professor Fernández Arroyo is a member of the Curatorium of the Hague Academy of International Law, a former President of the American Association of Private International Law, and a member of a number of academic institutions including the International Academy of Comparative Law, the International Academy of Commercial and Consumer Law, the International Law Association, and the International Arbitration Institute.

    Contributors: 
    Jacco Bomhoff is an Associate Professor of Law at the London School of Economics.
    Veronica Corcodel is a PhD candidate at Sciences Po Law School, Paris.
    Sabine Corneloup is Professor in the Faculty of Law at the Université de Bourgogne.
    Gilles Cuniberti is a Professor at the University of Luxembourg.
    Diego P. Fernández-Arroyo is Professor of Law and Co-director of Global Governance Studies at Sciences Po Law School, Paris.
    Tomaso Ferrando is a PhD candidate at Sciences Po Law School, Paris.
    Benoit Frydman is the president of the Perelman's Centre for Legal Philosophy at the Université libre de Bruxelles.
    Jérémy Heymann is Assistant Professor at l'École de Droit de la Sorbonne, Université Paris 1 - Panthéon Sorbonne.
    Ivana Isailovic is a post-doctoral researcher in the Perelman Centre for Legal Philosophy at the Université libre de Bruxelles.
    Michael Karayanni is the Bruce W. Wayne Chair in International Law in the Faculty of Law at the Hebrew University of Jerusalem.
    Ralf Michaels is the Arthur Larson Professor of Law at Duke University Law School.
    Alex Mills is senior lecturer in the School of Law, University College London.
    Horatia Muir Watt is Professor of Law and Co-director of Global Governance Studies at Sciences Po Law School, Paris.
    Yannick Radi is Assistant Professor in International Law at the Grotius Centre for International Legal Studies, Leiden University.
    Geoffrey Samuel is Professor of Law at Kent Law School.
    Harm Schepel is Professor of Economic Law at the Brussels School of International Studies, University of Kent.
    Bram van der Eem is senior legal counsel at the central bank of the Netherlands.
    Robert Wai is an Associate Professor at Osgoode Hall Law School, York University.

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