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Private International Law and Global Governance$
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Horatia Muir Watt and Diego P. Fernández Arroyo

Print publication date: 2014

Print ISBN-13: 9780198727620

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198727620.001.0001

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The Relevance of Private International Law to the Global Governance Debate

The Relevance of Private International Law to the Global Governance Debate

Chapter:
The Relevance of Private International Law to the Global Governance Debate
Source:
Private International Law and Global Governance
Author(s):

Horatia Muir Watt

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0001

While ongoing debates reveal emerging responses to distributional issues beyond the Western welfare state, and new conceptions of private transnational authority, it seems that PIL stands aloof, claiming process-based neutrality or the apolitical nature of private law technique. As a result, its tools and methods are paradoxically unequipped to deal with the most significant cross-border legal difficulties which might have been expected to fall within its remit. This is particularly true in respect of the governance of transnational non-state power. At the same time, the new thinking from other fields which seeks to fill the void tends in many instances to reinvent the wheel, ignoring the fact that legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision have long been part of the daily fare of PIL. The crucial issue now is whether PIL can, or indeed should, survive as a discipline.

Keywords:   private international law, global governance, constitutionalism, legal pluralism, public international law

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