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Private International Law and Global Governance | Oxford Scholarship Online
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Private International Law and Global Governance

Horatia Muir Watt and Diego P. Fernández Arroyo

Abstract

This book represents the first series of work presented within the project now known as PILAGG (private international law as global governance). The latter is emerging as a school of heterodox thinking within the traditional field of private international law. The project stems from the observation that legal governance of informal power beyond the state is inadequate, to the extent that it serves largely to promote unregulated emancipation of private transnational actors, with little accountability in return. The activities of multinational corporations, rating agencies, or arbitrators, all y ... More

Keywords: global governance, private international law, law beyond the state, informal power, transnational authority, private sovereignty, private economic actors, neo-liberalism, market for judicial services, political horizon

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780198727620
Published to Oxford Scholarship Online: March 2015 DOI:10.1093/acprof:oso/9780198727620.001.0001

Authors

Affiliations are at time of print publication.

Horatia Muir Watt, editor
School of Law, Sciences Po, Paris

Diego P. Fernández Arroyo, editor
School of Law, Sciences Po, Paris

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Contents

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Part I Behind Closed Doors: The Private Model and its Discontents

Section A Epistemological Challenge: The Meaning of ‘Private’ in Private International Law

2 Private v Private

Robert Wai

Section B Political Critique: Privatization as Homogenization

4 Global Land Grabbing

Tomaso Ferrando*

Section C Searching for Legitimacy: Questions of Design

6 Private Adjudication Without Precedent?

Diego P Fernández Arroyo

Part II Beyond the Schism: Emerging Models and Worldviews

Section A The Global Turn to Informality: Pragmatism and Constructivism

10 Rules of Recognition

Harm Schepel*

Section B Re-importing Public Law Methodology: Federalism and Constitutionalism

Section C Reinventing a Global Horizon: Working towards a Global Public Good

18 Future Directions?

Horatia Muir Watt

End Matter