Chapter C.27: Constitutional law and Private International Law

2017 ◽  
pp. 452-457
Author(s):  
Alex Mills
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Private International Law

Legal Pluralism and Reasonable Accommodation of Religious Diversity

2017 ◽  
Vol 24 (4) ◽  
pp. 467-483
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Religious Diversity ◽  
Legal Pluralism ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Private International Law ◽  
Public Discussion ◽  
Sharia Law

This article aims to address a number of distinct characteristics of the European debate on legal pluralism as a means for accommodating religious diversity and religious normative orders. In contrast with the us and Canada, where there is a long-standing and varied tradition in jurisprudence that underpins theoretical debates and proposals, European case law is characterised by the prominent role of private international law. Public discussion has also been highly influenced by the uk controversy surrounding the application of Sharia law in arbitration. This article explores how this background shapes the space for religious normative orders, their potential as a means of accommodating religious diversity and the reasons and challenges ahead in the move from private international law to constitutional law for pluralistic arrangements.

The Convention on the Law Applicable to Traffic Accidents

1971 ◽  
Vol 9 ◽  
pp. 189-216
Author(s):  
Hugo Fischer
Keyword(s):  
International Law ◽  
Legal System ◽  
Constitutional Law ◽  
Traffic Accidents ◽  
Private International Law ◽  
Draft Convention ◽  
The Hague ◽  
The Law ◽  
The Government ◽  
Government Of Canada

On October 26, 1968, the delegates to the Eleventh Session of The Hague Conference on Private International Law decided to submit, for consideration by their respective governments, a draft Convention on the law applicable to traffic accidents. Article 14 of the Convention permits ratification by a country which, like Canada, has a non-unified legal system, if the Convention has been extended to at least one of its jurisdictions. The Convention aims at uniformity in a branch of the law where, until now, to quote an eminent jurist, “case-to-case decisions [did] not add up to a system of justice.”Under Canadian constitutional law the implementation of the Convention requires provincial legislation. At the invitation of the government of Canada a delegate of the Conference of Commissioners on Uniformity of Legislation in Canada participated at the session in The Hague as a member of the Canadian delegation.

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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