Private International Law
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Private International Law

Contemporary Challenges and Continuing Relevance

Edited by Franco Ferrari and Diego P. Fernández Arroyo

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
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Chapter 7: Unlocking private international law’s potential in global (migration) governance

Verónica Ruiz Abou-Nigm

Abstract

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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