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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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Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law

Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law

Chapter:
12 Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law
Source:
Private International Law and Global Governance
Author(s):

Alex Mills

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0013

This chapter argues that private international law (PIL) rules constitute a form of international ‘public’ ordering or global governance, and it explores some of the implications of this argument for the international development of PIL. It examines recent developments in federal systems—the European Union, Canada, and Australia—which demonstrate the emergence of a similar ‘public’ perspective on PIL at a regional level. The chapter then considers two major problems with the idea that developments within federal systems can be transplanted or applied by analogy at the international level—hierarchy and heterarchy—, as well as the potential of two ideas which present responses to these problems. The chapter concludes that these ideas have a potentially important impact on a range of international law questions, and they should form a key part of the research agenda for studies of global governance both within and beyond the context of PIL.

Keywords:   private international law, global governance, justice pluralism, federalism, European Union, Canada, Australia, variable geometry, peer governance, peer to peer networks

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