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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.
Verónica Ruiz Abou-Nigm is Senior Lecturer in International Private Law at the University of Edinburgh. She has published widely in the field of private international law. Her teaching and research span several countries in Europe and South America. She is Vice President of the European Law Faculties Association. María Blanca Noodt Taquela is Professor of Private International Law at the University of Buenos Aires. She has authored several books and articles on Private International Law and International Commercial Arbitration.
ForewordList of ContributorsIntroduction: Private International and Cosmopolitan IntegrationVerónica Ruiz Abou-Nigm1: Private International Law as an Ethic of ResponsivityRalf MichaelsPart I: Communication Legal Diversity and Integration2: Embracing Diversity - The Role of the Hague Conference in the Creation of Universal InstrumentsHans van Loon3: Managing Diversity in Cross-Border Succession Problems: A British PerspectiveJaneen M Carruthers4: Cross-border family issues in the EU: Multiplicity of instruments, inconsistencies and problems of coordinationRosario Espinosa Calabuig5: Non-uniform Application of European Union Private International LawKatarina Trimmings and Burcu Yüksel6: On Private International Law, the EU and BrexitMarta Requejo IsidroPart II: Cooperation The Architecture of Engagement7: International Judicial Cooperation as the Architecture of EngagementMaría Blanca Noodt Taquela8: Judicial co-operation: Resolving the Differing ApproachesDavid McClean9: Judicial Cooperation in South America: Regional PerspectiveNadia de Araujo10: Civil Judicial Cooperation: A Scottish ExperienceNicola Wisdahl11: The Judgments Project of the Hague Conference on Private International Law: a way forward for a long-awaited solutionFabrício B. Pasquot PolidoPart III: Coordination The Evolving Focus on the Individual12: Integrating Legal Approaches to MigrationKasey McCall-Smith13: Labour Migration and Private International LawLaura Carballo Piñeiro14: E-commerce and Consumer Protection in Integrated MarketsBeatriz Añoveros Terradas15: Protection of the Individual in Recent Private International Law Codification in Latin AmericaSebastián Paredes16: The Challenges of the New Social and Scientific Realities in Private International Family Law – The Latin American ExperienceNieve Rubaja and María Mercedes AlbornozPart IV: Engagement Private International Law in Practice17: 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 Loon18: 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 Arroyo19: Demystifying Private International Law for International Commercial ContractsGuillermo Argerich & María Laura Capalbo20: Public Policy in Private International Law: Guardian or Barrier?Cecilia Fresnedo de Aguirre21: Bridging and Balancing: Diversity and Integration in Private International LawVerónica Ruiz Abou-Nigm.
This book presents groundbreaking research by leading scholars from the Americas and Europe, mindful of the technical nature of the subject and of the importance of a sound institutional architecture. How can we achieve regional integration beyond economics and beyond Europe? How can cultural identity be safeguarded beyond post-modern impressionism through rules capable of protecting diversity? These are the challenges private international law is facing.