Contemporary Challenges and Continuing Relevance
Edited by Franco Ferrari and Diego P. Fernández Arroyo
Chapter 8: The present and prospective contribution of global private international law unification to global legal ordering
Global private international law unification through multilateral treaties: (1) elevates the idea of justice pluralism to the global level; (2) orders the diversity of national and regional private international law systems, and creates permanent channels for direct transnational institutionalized cooperation among national administrations and courts around the world, thus ensuring continuity across borders of legal status and family and business relations established under national and regional laws; and (3) reflects globally recognized human and economic rights. Examples are given of the present transnational legal ordering role of Hague Conventions in the fields of family law, legal cooperation and commercial law, and of future possibilities for private international law instruments in support of global governance, such as facilitating access to foreign law; further ensuring continuity of personal status and family relations across borders; and linking private international law unification to the United Nations 2030 Agenda, in particular regarding the challenges of migration and environment and climate change.
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