Private International Law
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 8: The present and prospective contribution of global private international law unification to global legal ordering

Hans van Loon

Abstract

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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.