Oxford, United Kingdom : Oxford University Press, 2014.
vi, 391 pages ; 24 cm.
Law and global governance.
Formatted Contents Note
Part I. Behind closed doors: the private model and its discontents Section A. Epistemological challenge : the meaning of 'private' in private international law 1. Comparative law as resistance / Geoffrey Samuel 2. Private v private : transnational private law and contestation in global economic governance / Robert Wai 3. Post-critical private international law : from politics to technique / Ralf Michaels Section B. Political critique : privatization as homogenization 4. Global land grabbing : a tale of three legal homogenizations / Tomaso Ferrando 5. Governance implications of comparative legal thinking : on Henry Maine's Jurisprudence and British Imperialism / Veronica Corcodel Section C. Searching for legitimacy : questions of design 6. Private adjudication without precedent? / Diego P. Fernández-Arroyo 7. The merchant who would not be king : unreasoned fears about private lawmaking / Gilles Cuniberti 8. Balancing the public and the private in international investment law / Yannick Radi Part II. Beyond the schism : emerging models and worldviews Section A. The global turn to informality : pragmatism and constructivism 9. A pragmatic approach to global law / Benoit Frydman 10. Rules of recognition : a legal constructivist approach to transnational private regulation / Harm Schepel 11. The extraterritorial application of access to justice rights : on the availability of Israeli courts to Palestinian plaintiffs / Michael Karayanni Section B. Re-importing public law methodology : federalism and constitutionalism 12. Variable geometry, peer governance, and the public international perspective on private international law / Alex Mills 13. The constitution of the conflict of laws / Jacco Bomhoff 14. Importing proportionality to the conflict of laws / Jérémy Heymann Section C. Reinventing a global horizon : working towards a global public good 15. Financial stability as a global public good and private international law as an instrument for its transnational governance : some basic thoughts / Bram van der Eem 16. Can private international law contribute to global migration governance? / Sabine Corneloup 17. Political recognition and transnational law : gender equality and cultural diversification in French courts / Ivana Isailovic 18. Future directions / Horatia Muir Watt.
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. --Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.