The Confluence of Public and Private International Law

Justice, Pluralism and Subsidiarity in the International Constitutional Ordering of Private Law

Nonfiction, Reference & Language, Law, Conflict of Laws, International
Cover of the book The Confluence of Public and Private International Law by Alex Mills, Cambridge University Press
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Author: Alex Mills ISBN: 9780511699078
Publisher: Cambridge University Press Publication: July 2, 2009
Imprint: Cambridge University Press Language: English
Author: Alex Mills
ISBN: 9780511699078
Publisher: Cambridge University Press
Publication: July 2, 2009
Imprint: Cambridge University Press
Language: English

A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

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A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

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