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The Confluence of Public and Private International Law - Justice, Pluralism and Subsidiarity in the International Constitutional Ordering of Private Law (Paperback)
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The Confluence of Public and Private International Law - Justice, Pluralism and Subsidiarity in the International Constitutional Ordering of Private Law (Paperback)
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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.
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