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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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A Pragmatic Approach to Global Law

A Pragmatic Approach to Global Law

9 A Pragmatic Approach to Global Law
Private International Law and Global Governance

Benoit Frydman

Oxford University Press

Global Law entails not only a change of the scope of legal rules but a fundamental change of the forms, the dispositives, and the institutions that contribute to create and enforce global norms. Globalization challenges the tools and methods of classical legal thought and practice as well as our concept of law. This chapter presents the main results of the empirical research that has been carried out at the Perelman Centre for the last 15 years in various fields of globalization, like financial markets, internet regulation, corporate social responsibility, and transnational human rights litigation. It analyses several ‘UNOs’ (Unidentified Normative Objects), the global ‘struggle for law’ between competing actors and the new global ‘points of control’. It summarizes the methodological principles of the pragmatic approach of global law by the Brussels School of Jurisprudence (BSJ).

Keywords:   transnational law, private international law, private ordering, contestation, economic governance, global pluralism

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