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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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Global Land Grabbing

Global Land Grabbing

A Tale of Three Legal Homogenizations

4 Global Land Grabbing
Private International Law and Global Governance

Tomaso Ferrando

Oxford University Press

In the attempt to transform private international law (PIL) into an instrument of global governance, it is important not to lose sight of the underlying substantive law and of the importance of legal diversity as a circumstance that enhances dialogue and provides a wide arsenal of legal responses to globalization. Starting from the assumption that there is no global issue that is not locally rooted, this chapter uses the example of the ongoing rush to land to claim that post-colonial economic and cultural globalization have been coupled through a three-step legal homogenization. Although not teleologically related, each one of these moments has created the legal background for the other, and reinforced the universal expansion of a Western-based paradigm of commercium, dominium, and imperium. If legal diversity is undergoing a progressive dismantlement, the future of PIL, by its nature funded on alternatives, differences, and contrasts, may be in danger.

Keywords:   land grabbing, globalization, legal diversity, legal homogenization, private international law

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