Full Description
This book deals with the role that private international law may play in times of global crises. Addressing current legal frameworks, unresolved issues and potential reforms it demonstrates how private international law can evolve from a predominantly coordinating discipline into one that is normatively engaged and globally responsive.
Contributors illustrate how private international law can provide solutions to some of the most pressing challenges of the 21st century, including war and armed conflicts, rule of law backsliding, protection of human rights in global supply chains, climate change and sustainability. Through doctrinal and normative analyses, they explore the structural and conceptual changes necessary to mitigate the effects of these crises. The book advocates for a re-evaluation of private international law's traditional role, proposing a reconceptualization that highlights its potential to resolve global issues and achieve justice.
This book is an essential read for scholars and students of private international law, and international law more widely. It is also beneficial to practitioners in these fields, particularly those working in international civil procedure.
Contents
Contents
Introduction 1
1 Private international law and global crises: introduction 2
PART I REVISITING THE FUNCTIONS AND THE
RELEVANCE OF PRIVATE INTERNATIONAL LAW
2 Private international law and global responsibility 14
3 Private international law and the European Convention of
Human Rights 39
4 Cross-border Recognition of Gender Reassignment 53
PART II PRIVATE INTERNATIONAL LAW, WAR AND
ARMED CONFLICTS
5 Dealing with War-Induced Migration 79
6 Dealing with war-induced effects 111
PART III PRIVATE INTERNATIONAL LAW AND THE RULE
OF LAW
7 Points of intersection between jurisdiction, applicable law and
the rule of law 149
8 Private international law and protection of the rule of law 166
PART IV PRIVATE INTERNATIONAL LAW AND CLIMATE
CHANGE
9 Climate change litigation 188
PART V PRIVATE INTERNATIONAL LAW AND GLOBAL
SUPPLY CHAINS
10 Jurisdiction, human rights and global supply chains 226
11 Applicable law, human rights and global supply chains 249
12 Private international law and the interlegality of global value
chains due diligence 292
Epilogue: Private International Law and Sustainability 319
Epilogue 320
