Private International Law and Global Governance

Hardcover | January 18, 2015

EditorHoratia Muir Watt, Diego P. Fernandez Arroyo

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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 distributionalissues 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 thanthose 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 governanceof 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 disputeresolution, 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. Thisbook 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 ofnew 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.

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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 distributionalissues which arise beyond the Western welfa...

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 Pantheon-Assas Paris in 1985. She is a tenured Professor in private international law and in compara...

other books by Horatia Muir Watt

Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 1.06 inPublished:January 18, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198727623

ISBN - 13:9780198727620

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Table of Contents

Horatia Muir Watt and Diego P. Fernandez-Arroyo: Introduction: The Relevance of Private International Law to the Global Governance DebatePart I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTSSection A. Epistemological Challenge: The Meaning of 'Private' in Private International Law1. Geoffrey Samuel: Comparative Law as Resistance2. Robert Wai: Private v Private: Transnational Private Law and Contestation in Global Economic Governance3. Ralf Michaels: Post-critical Private International Law: From Politics to TechniqueSection B. Political Critique: Privatization as Homogenization4. Tomaso Ferrando: Global Land Grabbing: A Tale of Three Legal Homogenizations5. Veronica Corcodel: Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British ImperialismSection C. Searching for Legitimacy: Questions of Design6. Diego P. Fernandez-Arroyo: Private Adjudication Without Precedent?7. Gilles Cuniberti: The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking8. Yannick Radi: Balancing the Public and the Private in International Investment LawPART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWSSection A. The Global Turn to Informality: Pragmatism and Constructivism9. Benoit Frydman: A Pragmatic Approach To Global Law10. Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation11. Michael Karayanni: The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian PlaintiffsSection B. Re-importing Public Law Methodology: Federalism and Constitutionalism12. Alex Mills: Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law13. Jacco Bomhoff: The Constitution of the Conflict of Laws14. Jeremy Heymann: Importing Proportionality to the Conflict of LawsSection C. Reinventing a Global Horizon: Working towards a Global Public Good15. Bram van der Eem: Regulatory Choice of Law as a Public Good16. Ivana Isailovic: Recognition( and Mis-recognition) in Private International Law17. Sabine Corneloup: Can Private International Law Contribute to Global Migration Governance?Horatia Muir Watt: Paradigm Change in Private International Law: Renewal, Circularity, or Decline?