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- ISBN: 9780198727620 | 0198727623
- Cover: Hardcover
- Copyright: 2/18/2015
Horatia Muir Watt, Professor, School of Law, Sciences Po, Paris,Diego P. Fernandez Arroyo, Professor, School of Law, Sciences Po, Paris
Horatia Muir Watt is Professor at Sciences-Po Paris, where she is Co-Director of the programme 'Global Governance Studies' within the Master's Degree in Economic Law. She gained a PhD in private international law from the University of Pantheon-Assas Paris in 1985. She is a tenured Professor in private international law and in comparative law. She taught at the University of Tours, at the University of Paris XI, and at the University of Paris I Pantheon-Sorbonne between 1996 and 2009 and was appointed to Sciences Po in 2009. She is a Member of the Institute of International Law and Editor-in-chief of the Revue critique de droit international prive (the leading French-language journal on private international law) and a member of the publication committees of numerous other legal journals. She founded the PILAGG (private international law and global governance group), now run with the LSE.
Diego P. Fernandez Arroyo has been professor at the School of Law of Sciences Po in Paris since 2010, and a Global Professor of New York University since 2013. He teaches subjects related to international dispute resolution, arbitration and conflict of laws. At Sciences Po he is co-director of the Global Governance Studies Program and co-director of the Research Project Private International Law as Global Governance (PILAGG). Professor Fernandez Arroyo is a member of the Curatorium of the Hague Academy of International Law, a former President of the American Association of Private International Law, and a member of a number of academic institutions including the International Academy of Comparative Law, the International Academy of Commercial and Consumer Law, the International Law Association, and the International Arbitration Institute.
Introduction: The Relevance of Private International Law to the Global Governance Debate, Horatia Muir Watt and Diego P. Fernandez-Arroyo
Part I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS
Section A. Epistemological Challenge: The Meaning of 'Private' in Private International Law
1. Comparative Law as Resistance, Geoffrey Samuel
2. Private v Private: Transnational Private Law and Contestation in Global Economic Governance, Robert Wai
3. Post-critical Private International Law: From Politics to Technique, Ralf Michaels
Section B. Political Critique: Privatization as Homogenization
4. Global Land Grabbing: A Tale of Three Legal Homogenizations, Tomaso Ferrando
5. Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism, Veronica Corcodel
Section C. Searching for Legitimacy: Questions of Design
6. Private Adjudication Without Precedent?, Diego P. Fernandez-Arroyo
7. The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking, Gilles Cuniberti
8. Balancing the Public and the Private in International Investment Law, Yannick Radi
PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS
Section A. The Global Turn to Informality: Pragmatism and Constructivism
9. A Pragmatic Approach To Global Law, Benoit Frydman
10. Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation, Harm Schepel
11. The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs, Michael Karayanni
Section B. Re-importing Public Law Methodology: Federalism and Constitutionalism
12. Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law, Alex Mills
13. The Constitution of the Conflict of Laws, Jacco Bomhoff
14. Importing Proportionality to the Conflict of Laws, Jeremy Heymann
Section C. Reinventing a Global Horizon: Working towards a Global Public Good
15. Regulatory Choice of Law as a Public Good, Bram van den Eem
16. Recognition( and Mis-recognition) in Private International Law, Ivana Isailovic
17. Can Private International Law Contribute to Global Migration Governance?, Sabine Corneloup
Paradigm Change in Private International Law: Renewal, Circularity, or Decline?, Horatia Muir Watt
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