Private International Law and Global Governance

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book Private International Law and Global Governance by , OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9780191043383
Publisher: OUP Oxford Publication: December 18, 2014
Imprint: OUP Oxford Language: English
Author:
ISBN: 9780191043383
Publisher: OUP Oxford
Publication: December 18, 2014
Imprint: OUP Oxford
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from OUP Oxford

Cover of the book Carbon-Energy Taxation by
Cover of the book The Functions of Law by
Cover of the book The African Charter on Human and Peoples' Rights by
Cover of the book The Oxford Handbook of Theology, Sexuality, and Gender by
Cover of the book The Oxford Illustrated History of Witchcraft and Magic by
Cover of the book Judicial Decisions on the Law of International Organizations by
Cover of the book Myth and Reality of the Legitimacy Crisis by
Cover of the book A Pocket Philosophical Dictionary by
Cover of the book Infectious Disease Epidemiology by
Cover of the book A Guide to the LCIA Arbitration Rules by
Cover of the book Desperate Remedies by
Cover of the book The Concise Oxford Dictionary of Politics and International Relations by
Cover of the book Re-Imagining Democracy in the Mediterranean, 1780-1860 by
Cover of the book Spheres of Reason by
Cover of the book A Dictionary of the Internet by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy