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"Introduction" [2019] ELECD 132; in Muir Watt, Horatia; Bíziková, Lucia; Brandão de Oliveira, Agatha; Fernandez Arroyo, P. Diego (eds), "Global Private International Law" (Edward Elgar Publishing, 2019) 1

Book Title: Global Private International Law

Editor(s): Muir Watt, Horatia; Bíziková, Lucia; Brandão de Oliveira, Agatha; Fernandez Arroyo, P. Diego

Publisher: Edward Elgar Publishing

ISBN: 9781788119221

Section Title: Introduction

Number of pages: 13

Extract:

Introduction
The inspiration for this case-book comes from over a decade of attempts to teach private international law to Masters students in a comparative and interdisciplinary perspective. The project was made possible thanks to the readiness of over 50 contributors from diverse cultural origins and disciplinary horizons to take part in what can be seen as an academic and pedagogical experiment. In this respect, it is an attempt to respond to essentially two sorts of `case-book failures'. While there are many unquestionably excellent textbooks and assemblages of materials on private international law relevant to specific national contexts or geographical regions, the field lacks any collection of cases illustrating the specific role of private international law in the context of globalisation and indeed, reciprocally, the impact of globalisation on private international law. This book retains an open and largely intuitive understanding of the global, in line with the experimental vein in which the project was conceived. However, various theoretical dimensions of the `global turn' as relevant to private international law will be addressed below.1 The starting point, then, is the ever-increasing gap separating the conventional presentation of the various parts or functions of private international law (determination of the applicable law; issues of jurisdiction and judgments) and the ways in which contemporary societal, economic, technological or cognitive changes are inducing transformations in transnational adjudication and law-making beyond the State. The paradox underlying this gap is that the discipline deals, at core, with the very factors that ...


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