Diversity and Integration in Private International Law / Edition 1

by Verónica Ruiz Abou-Nigm, Maria Blanca Noodt Taquela

Overview

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.

Product Details

ISBN-13:	9781474447850
Publisher:	Edinburgh University Press
Publication date:	08/14/2019
Pages:	416
Product dimensions:	6.77(w) x 9.61(h) x (d)

About the Author

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.

Table of 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.

Editorial Reviews

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.

Herbert Kronke