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Constitutional and Administrative Law x Private International Law and Conflict of Laws x clear all

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Balancing the Public and the Private in International Investment Law

Yannick Radi.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 12274 words.

This chapter considers the intricate relations between the public interest embodied by host states and the private interest of foreign investors. While international investment law is often...

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Can Private International Law Contribute to Global Migration Governance?

Sabine Corneloup.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 9758 words.

This chapter uses the theoretical framework based on the political notions of recognition and misrecognition in order to analyze the reception of Muslim talaq divorces in French courts. It...

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Comparative Law as Resistance

Geoffrey Samuel.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 6574 words.

The question that this chapter raises is this: can comparative law be a means of offering resistance both to established ideas in law and legal thinking and to a range of other assertions...

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The Constitution of the Conflict of Laws

Jacco Bomhoff.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 9394 words.

Private international law doctrines are often portrayed as natural, largely immutable, boundaries on local public agency in a transnational private world. Challenging this problematic...

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The Extraterritorial Application of Access to Justice Rights

Michael M Karayanni.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 20076 words.

The extraterritorial scope of access to justice rights has so far remained an obscure topic. The rich experience accumulated in Israel with civil claims filed by Palestinian residents and...

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Financial Stability as a Global Public Good and Private International Law as an Instrument for its Transnational Governance—Some Basic Thoughts

Bram van der Eem.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 5002 words.

This chapter shows how private international law can foster international financial stability. An important feature of global financial markets is the dissymmetry between the scope of the...

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Future Directions?

Horatia Muir Watt.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 27572 words.

This final chapter looks back at the arguments presented in this book and envisages possible directions of work to come. Will the initial effort to use skeptical, critical, or alternative...

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Global Land Grabbing

Tomaso Ferrando.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 13040 words.

In the attempt to transform private international law (PIL) into an instrument of global governance, it is important not to lose sight of the underlying substantive law and of the...

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The Governance Implications of Comparative Legal Thinking

Veronica Corcodel.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 15356 words.

This chapter explores the implications of comparative legal thinking for global governance, specifically insofar as comparative ideas have been instrumental in the justification of...

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Importing Proportionality to the Conflict of Laws

Jeremy Heymann.

in Private International Law and Global Governance

December 2014; p ublished online March 2015 .

Chapter. Subjects: Private International Law and Conflict of Laws; Constitutional and Administrative Law. 7611 words.

Prima facie, proportionality and conflict of laws seem to have so little in common that the study of the relationship that the latter has with the former could reveal itself to be quite...

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