Full Description
How can private international law contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society? Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions and institutions, the volume explores how private international law's connective capacity could be enhanced by more inclusive methodologies. This would allow it to better able to engage with the reality of the integration that it is there to promote.
Based on comparative methodology, the volume examines legal practice, as revealed by national and regional case law. The scope includes the practice of international commercial arbitration; private international law regulatory frameworks; and legal theory.
Contents
Foreword
List of Contributors
Introduction: Private International and Cosmopolitan IntegrationVerónica Ruiz Abou-Nigm
1: Private International Law as an Ethic of ResponsivityRalf Michaels
Part I: Communication Legal Diversity and Integration
2: Embracing Diversity - The Role of the Hague Conference in the Creation of Universal InstrumentsHans van Loon
3: Managing Diversity in Cross-Border Succession Problems: A British PerspectiveJaneen M Carruthers
4: Cross-border family issues in the EU: Multiplicity of instruments, inconsistencies and problems of coordinationRosario Espinosa Calabuig
5: Non-uniform Application of European Union Private International LawKatarina Trimmings and Burcu Yüksel
6: On Private International Law, the EU and BrexitMarta Requejo Isidro
Part II: Cooperation The Architecture of Engagement
7: International Judicial Cooperation as the Architecture of EngagementMaría Blanca Noodt Taquela
8: Judicial co-operation: Resolving the Differing ApproachesDavid McClean
9: Judicial Cooperation in South America: Regional PerspectiveNadia de Araujo
10: Civil Judicial Cooperation: A Scottish ExperienceNicola Wisdahl
11: The Judgments Project of the Hague Conference on Private International Law: a way forward for a long-awaited solutionFabrício B. Pasquot Polido
Part III: Coordination The Evolving Focus on the Individual
12: Integrating Legal Approaches to MigrationKasey McCall-Smith
13: Labour Migration and Private International LawLaura Carballo Piñeiro
14: E-commerce and Consumer Protection in Integrated MarketsBeatriz Añoveros Terradas
15: Protection of the Individual in Recent Private International Law Codification in Latin AmericaSebastián Paredes
16: The Challenges of the New Social and Scientific Realities in Private International Family Law - The Latin American ExperienceNieve Rubaja and María Mercedes Albornoz
Part IV: Engagement Private International Law in Practice
17: The Key Role of Judges in the Development of Private International Law: Lessons Learned from the Work of the Hague Conference on Private International LawIgnacio Goicoechea and Hans van Loon
18: Private International Law and International Commercial Arbitration - A Dialogue about the Usefulness and Awareness of the Former for the LatterGiuditta Cordero Moss and Diego Fernández Arroyo
19: Demystifying Private International Law for International Commercial ContractsGuillermo Argerich & María Laura Capalbo
20: Public Policy in Private International Law: Guardian or Barrier?Cecilia Fresnedo de Aguirre
21: Bridging and Balancing: Diversity and Integration in Private International LawVerónica Ruiz Abou-Nigm.
