Full Description
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law (PIL) from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Featuring contributions from carefully selected eminent scholars, the Research Handbook is structured in three thematic sections. The first section explores the divide between public and private approaches to PIL regulation and research, covering human rights perspectives and key private initiatives in regulation. Moving on to address classical and modern research methodologies in PIL, the second section examines comparative law, empirical, economic and technical approaches and considers the influence of technology. The final section concludes with a discussion of crucial societal and educational aspects of PIL.
Research Methods in Private International Law will prove an essential reference for academics, researchers, and students of law with a particular interest in PIL, human rights law and research methods in law. Its practical focus on methodology will also be of benefit to policymakers and legal practitioners in the PIL field.
Contents
Contents:
Preface xi
1 Private international law in a global world: a revival of
methodologies and research methods 1
Laura Carballo Piñeiro and Xandra Kramer
PART I PUBLIC, PRIVATE AND REGULATORY APPROACHES
2 Politics and private international law 19
Christopher A. Whytock
3 Private international law and human rights 37
Patrick Kinsch
4 Conflict of methods in private international law: a legal theory
perspective 55
María Carlota Ucín
5 Between flexibility and certainty: navigating between hard law
and soft law in private international law 73
Marta Pertegás
6 The private side of private international law: deregulation and
private autonomy 87
Cristina M. Mariottini
7 Recognition - a methodology without a method? 107
Dulce Lopes
PART II MULTIDISCIPLINARY AND
INTERDISCIPLINARY APPROACHES
8 Private international law will be comparative or it will be nothing 129
Diego P. Fernández Arroyo
9 Empirical methods and private international law 155
Christoph A. Kern
10 Economic analysis of private international law 172
Giesela Rühl
11 The methodological influence of European private
international law on domestic legal systems: a downstream analysis 200
Adriani Dori
12 Private international law meets technology 222
Marco Giacalone and Paola Giacalone
PART III SHAPING THE FUTURE THROUGH PRIVATE
INTERNATIONAL LAW METHODOLOGY
13 Towards private international law for everyone 246
Verónica Ruiz Abou-Nigm and Ralf Michaels
14 Feminist approaches to private international law 265
Mary Keyes
15 India's private international law rules: persistence of colonial
law in a post-colonial state: a TWAIL-ean exploration 286
Sai Ramani Garimella
16 Private international law and teaching methodology:
a Nigerian perspective 313
Abubakri Yekini and Chukwuma Samuel Adesina Okoli
17 Private international law and teaching methodology in Mexico 336
María Mercedes Albornoz and Nuria González Martín
18 Teaching private international law: a view from the Netherlands 358
Aukje A.H. van Hoek
