Books > Law > International law > Private international law & conflict of laws
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Private International Law and Global Governance (Hardcover)
Loot Price: R3,996
Discovery Miles 39 960
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Private International Law and Global Governance (Hardcover)
Series: Law And Global Governance
Expected to ship within 12 - 17 working days
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Donate to Against Period Poverty
Total price: R4,016
Discovery Miles: 40 160
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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 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.
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