How can private international law contribute to the development of the legal architecture needed to integrate our emerging multi-cultural society?
Key Features
Opens a cross-regional dialogue, shifting the Eurocentric discussion on diversity and integration to a more inclusive engagement with the Global South in private international law issues
Promotes a cosmopolitan vision of private international law, as a discipline with the potential to transcend its boundaries to further promote the reality of cross-border integration
Provides timely insights on the significance of the Brexit vote for rethinking the challenges that legal diversity poses for an integration project
Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this book explores how the methodologies and techniques of private international law can be used to engage with legal diversity. The contributors explore ways forward and set out a vision of private international law connected to the communication, coordination, cooperation and engagement between legal orders. It provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics.
Introduction: Private International and Cosmopolitan Integration
Verónica Ruiz Abou-Nigm
1: Private International Law as an Ethic of Responsivity
Ralf Michaels
Part I: Communication Legal Diversity and Integration
2: Embracing Diversity - The Role of the Hague Conference in the Creation of Universal Instruments
Hans van Loon
3: Managing Diversity in Cross-Border Succession Problems: A British Perspective
Janeen M Carruthers
4: Cross-border family issues in the EU: Multiplicity of instruments, inconsistencies and problems of coordination
Rosario Espinosa Calabuig
5: Non-uniform Application of European Union Private International Law
Katarina Trimmings and Burcu Yüksel
6: On Private International Law, the EU and Brexit
Marta Requejo Isidro
Part II: Cooperation The Architecture of Engagement
7: International Judicial Cooperation as the Architecture of Engagement
María Blanca Noodt Taquela
8: Judicial co-operation: Resolving the Differing Approaches
David McClean
9: Judicial Cooperation in South America: Regional Perspective
Nadia de Araujo
10: Civil Judicial Cooperation: A Scottish Experience
Nicola Wisdahl
11: The Judgments Project of the Hague Conference on Private International Law: a way forward for a long-awaited solution
Fabrício B. Pasquot Polido
Part III: Coordination The Evolving Focus on the Individual
12: Integrating Legal Approaches to Migration
Kasey McCall-Smith
13: Labour Migration and Private International Law
Laura Carballo Piñeiro
14: E-commerce and Consumer Protection in Integrated Markets
Beatriz Añoveros Terradas
15: Protection of the Individual in Recent Private International Law Codification in Latin America
Sebastián Paredes
16: The Challenges of the New Social and Scientific Realities in Private International Family Law – The Latin American Experience
Nieve Rubaja and María Mercedes Albornoz
Part IV: Engagement Private International Law in Practice
17: The Key Role of Judges in the Development of Private International Law: Lessons Learned from the Work of the Hague Conference on Private International Law
Ignacio Goicoechea and Hans van Loon
18: Private International Law and International Commercial Arbitration – A Dialogue about the Usefulness and Awareness of the Former for the Latter
Giuditta Cordero Moss and Diego Fernández Arroyo
19: Demystifying Private International Law for International Commercial Contracts
Guillermo Argerich & María Laura Capalbo
20: Public Policy in Private International Law: Guardian or Barrier?
Cecilia Fresnedo de Aguirre
21: Bridging and Balancing: Diversity and Integration in Private International Law
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