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Books > Law > International law > Private international law & conflict of laws
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Nineteenth Century Perspectives on Private International Law (Hardcover)
Loot Price: R3,350
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Nineteenth Century Perspectives on Private International Law (Hardcover)
Series: The History and Theory of International Law
Expected to ship within 12 - 19 working days
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Private International Law is often criticized for failing to curb
private power in the transnational realm. The field appears
disinterested or powerless in addressing global economic and social
inequality. Scholars have frequently blamed this failure on the
separation between private and public international law at the end
of the nineteenth century and on private international law's
increasing alignment with private law. Through a contextual
historical analysis, Roxana Banu questions these premises. By
reviewing a broad range of scholarship from six jurisdictions (the
United States, France, Germany, the United Kingdom, Italy, and the
Netherlands) she shows that far from injecting an impetus for
social justice, the alignment between private and public
international law introduced much of private international law's
formalism and neutrality. She also uncovers various nineteenth
century private law theories that portrayed a social, relationally
constituted image of the transnational agent, thus contesting both
individualistic and state-centric premises for regulating
cross-border inter-personal relations. Overall, this study argues
that the inherited shortcomings of contemporary private
international law stem more from the incorporation of nineteenth
century theories of sovereignty and state rights than from
theoretical premises of private law. In turn, by reconsidering the
relational premises of the nineteenth century private law
perspectives discussed in this book, Banu contends that private
international law could take centre stage in efforts to increase
social and economic equality by fostering individual agency and
social responsibility in the transnational realm.
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