Contemporary Challenges and Continuing Relevance
Edited by Franco Ferrari and Diego P. Fernández Arroyo
Chapter 7: Unlocking private international law’s potential in global (migration) governance
Private international law’s impact on global migration governance has so far been short of its potential. How is it possible that in a field where the focus is on the cross-border mobility of individuals and international cooperation is considered crucial, private international law’s contribution is not greater? What gets in the way of further disciplinary impact? This chapter argues that this is partly a problem of perception: a disciplinary outreach deficiency affecting private international law more profoundly. Improving outreach is necessary to succeed in further engaging with global governance issues. Efforts in this direction should include openly embracing decentralization and diversity, and with it turning the focal point from harmonization to coordination; from top-down to multidirectional connections; from tolerance to integration; from state-focused to individual-enabling approaches. These shifts are as paramount to global migration governance as to private international law.
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