Bridging and Balancing: Diversity and Integration in Private International Law

2019 ◽  
pp. 362-388 ◽  
Author(s):  
Verónica Ruiz Abou-Nigm
Keyword(s):  
Social Psychology ◽  
International Law ◽  
Regional Integration ◽  
Building Blocks ◽  
Complex Task ◽  
Private International Law ◽  
Ordinary People ◽  
Do So

This chapter calls for the mobilization of private international law, reflecting on the pitfalls of private international law’s outreach and the lack of awareness of the potential that its methodologies and techniques have in contributing to the necessary accommodation of different legal cultures. Bridging legal diversity is more often than not a complex task. Private international law thinking, however, is developed to do just that. The challenge is how to tailor the streaming of private international law thinking in a manner that becomes relevant to the day-to-day life of lawyers and ordinary people. The question is how to do so openly and effectively. To this purpose, this chapter introduces the concept of ‘pluralistic thinking’ as developed in social psychology, with the aim of grasping where the cognitive barriers to fully understand the potential of private international law come from, and of generating ideas in relation to the building blocks for further embracement of diversity. This final chapter engages with culturalist approaches to provide insights that could prove enlightening to private international law practice, particularly in the context of regional integration. Bringing together several threads in this book, this final chapter portrays private international law as a methodology that embraces multiplicity and pluralism in the accommodation of legal diversity.

The Global Governance Implications of Private International Law

2021 ◽  
pp. 892-910
Author(s):  
Horatia Muir Watt
Keyword(s):  
International Law ◽  
Global Governance ◽  
Global Economy ◽  
Balance Of Power ◽  
Building Blocks ◽  
Private International Law ◽  
Competing Values ◽  
National Regulation ◽  
Regulatory Constraints ◽  
Domestic Setting

The ways in which the background rules of private law determine the balance of power within the global economy are difficult to identify to the extent that the reach of any given legal system and its combination with other potentially contradictory sets of national regulation are uncertain. The specific contention here is that private international law, which allocates the various sets of applicable rules on all these points when they involve private, usually corporate, actors, has served above all to dispense them from the regulatory constraints to which they might be subject in a domestic setting. It has thereby provided the building blocks that have allowed capital to expand beyond borders and the pursuit of profit to develop to the detriment of competing values, beyond control.

On Private International Law, the EU and Brexit

2019 ◽  
pp. 95-114
Author(s):  
Marta Requejo Isidro
Keyword(s):  
International Law ◽  
Small Businesses ◽  
Common Law ◽  
Civil Law ◽  
Significant Loss ◽  
Private International Law ◽  
Legal Certainty ◽  
Swift System ◽  
The Eu

There is a key value embedded in the EU regime: legal certainty, as explained by Marta Requejo Isidro in this final chapter of Part I. Requejo Isidro examines the impoverishment that Brexit represents in the specific context of private international law and transnational litigation, in both commercial and family law, as this exit means a significant loss in terms of legal certainty for all parties involved. Admittedly, the hurdles of uncertainty regarding jurisdiction, or the disadvantages of losing a swift system for passporting UK judgments into Europe will not affect all stakeholders equally: some groups of the population, such as consumers, employees, small businesses, children or maintenance creditors, are likely to endure worse experiences than major litigants in complex corporate litigation. This chapter analyses the complexities of Brexit in this field as well as the contributions of English and Scottish legal systems to the development of EU private international law from a continental European perspective. It concludes that Brexit means overall impoverishment. EU law is as it is – not civil law, not common law, not even mixed, but European – thanks to many influences, including the very important British common law perspective.

scholarly journals OVERRIDING MANDATORY PROVISIONS IN CROATIAN PRIVATE INTERNATIONAL LAW

2021 ◽  
Vol 37 (3-4) ◽  
pp. 81-100
Author(s):  
Dora Zgrabljić Rotar
Keyword(s):  
Public Policy ◽  
International Law ◽  
Complex Task ◽  
Private International Law ◽  
Law System ◽  
The Public ◽  
Contractual Obligations ◽  
Definition Of ◽  
Rome I ◽  
Mandatory Provision

Overriding mandatory provisions are mandatory provisions that are applicable in situations with an international element. The author analyses overriding mandatory norms in the European private international law and in the Croatian national private international law. The definition of such norms provided in the 2017 Croatian Private International Law Act is almost a verbatim copy of the definition provided in the Rome I Regulation on the law applicable to contractual obligations. The 1982 Croatian Private International Law Act did not provide for a definition of overriding mandatory norms but it was uniformly accepted in the scholarly interpretations that those types of mandatory norms were accepted by the Croatian private international law system. Moreover, the 1982 PIL Act included a substantive family law provision, which was, in essence, an overriding mandatory provision. However, Croatian courts and practitioners have been reluctant to refer explicitly to an applied norm as an overriding mandatory one. The reasons behind that might be that that the courts were better acquainted with the public policy exception, since public policy was explicitly mentioned in the 1982 PIL Act, as well as in some other legal acts. In addition, the legislator does not explicitly note that a provision is an overriding mandatory one in the provision itself, which leads to the outcome that the courts and other practitioners are burdened with a complex task of interpretation of a provision they think might be an overriding mandatory one. The author aims at providing guidelines to facilitate that task.

scholarly journals SPECIFIC FEATURES OF ECONOMIC INTEGRATION OF LATIN AMERICAN COUNTRIES

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Наталия Доронина ◽  
Nataliya Doronina
Keyword(s):  
International Law ◽  
Latin American ◽  
Economic Integration ◽  
Regional Integration ◽  
World Trade ◽  
Private International Law ◽  
International Treaties ◽  
Specific Approach ◽  
The Hague ◽  
Latin American Countries

The article is about the way to achieve economic integration. Latin American countries after receiving independence began to work hard to strengthen their States through integrating into confederation. On the basis of International Treaties, the Bustamante Code and the Andean Investment Code were adopted. The methods of economic integration in Latin America were adopted for regional integration (The Hague Conference on Private International Law and Inter-American Conference on Private International Law) as well as integration of universal type (Agreements in the framework of World Trade Organization. The article speaks of specific approach of Latin American countries to the issues in question.

Diversity and Integration in Private International Law

2019 ◽  
Keyword(s):  
South America ◽  
International Law ◽  
Value Systems ◽  
Private International Law ◽  
Diverse Range ◽  
Cross Border ◽  
Wide Range ◽  
Depth Analysis ◽  
And Shifts ◽  
Substantive Law

This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.

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