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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 Constitution of the Conflict of Laws

The Constitution of the Conflict of Laws

Chapter:
13 The Constitution of the Conflict of Laws
Source:
Private International Law and Global Governance
Author(s):

Jacco Bomhoff

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0014

Private international law doctrines are often portrayed as natural, largely immutable, boundaries on local public agency in a transnational private world. Challenging this problematic conception requires a reimagining of the field, not only as a species of public law or an instrument of governance, but as a constitutional phenomenon. This chapter investigates what such a ‘constitution of the conflict of laws’ could look like. Two features are given special emphasis. First: the idea of the conflict of laws as an independent source of constitutionalist normativity, rather than as a mere passive receptacle for constraints imposed by classical liberal constitutional law. And second: the possibility of a local, ‘outward-looking’ form of conflicts constitutionalism to complement more familiar, inwardly focused, federalist conceptions.

Keywords:   private international law, constitutionalism, transnational governance, federalism, conflict of laws

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