Blurry boundaries of public and private international law : towards convergence or divergent still?
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Blurry boundaries of public and private international law : towards convergence or divergent still?
Springer, c2022
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Description and Table of Contents
Description
This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes-Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.
Table of Contents
Chapter 1. Public International Law and Private International Law: Setting Scene for Intersectionality.- Theme 1: Public International Law and Private International Law: Historical and Theoretical Considerations of the Boundary.- Chapter 2. Private International Law's Origins as A Branch of The Universal Law of Nations.- Chapter 3. Recognition - A Story of How Two Worlds Meet.- Chapter 4. Forum Non Conveniens in Australia - How Much Weight Should Be Given to Comity?.- Theme 2: Harmonisation of Private International Law by Public International Law Instruments - Evaluation of Process, Problems, and Effectiveness.- Chapter 5. International Rule of Law and its relation to harmonization.- Theme 3: Case Studies of Intersectionality between Public International Law and Private International Law.- Theme 3.1: Intersectionality in the Context of International Investment Law.- Chapter 6. A Quest for the Missing Link in the Resolution of International Investment Disputes Affecting Host States' Citizens under Public and Private International Law.- Chapter 7. Visualising the Role of International Rule of Law in Claim Funding by Third Parties.- Theme 3.2: Intersectionality in The Context of International Sale of Goods.- Chapter 8. Article 79 CISG: Testing the Effectiveness of the CISG in International Trade Through the Lens of the Covid-19 Outbreak.- Chapter 9. Determination of Legal Effects of Covid-19 Related Export Bans and Restrictions on International Sale of Goods Contracts: Interplay Between Public and Private International Law.- Chapter 10. Private International Law vs Public International Law: Competing or Complimentary Intersectionality in CISG Article 79?.- Theme 3.3: Intersectionality in the EU context.- Chapter 11. Blocking Statutes: Private Individuals Finding Themselves in Interstate Conflicts.- Chapter 12. When Public International Law Meets EU Private International Law: An Insight on the European Court of Justice Case Law Dealing with Immunity Vis-A-Vis the Application of the Brussels Regime.- Chapter 13. Children's Rights Law and Private International Law: What Do Referencing Patterns Reveal About Their Relation?.- Theme 4: Future Trends in Relationship Between Public International Law and Private International Law.- Chapter 14. Ringfencing Data? - Perspectives on Sovereignty and Localization from India.
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