Elgar Encyclopedia of Comparative Law, Second Edition
Show Less

Elgar Encyclopedia of Comparative Law, Second Edition

Edited by Jan M. Smits

Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries’ legal systems and, as a whole, presents an overview of the current state of affairs.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 56: Private international law*

Horatia Muir Watt


Private international law and comparative law may to a large extent be considered to be complementary, since they both focus on differences between legal systems. While the former is essentially designed to provide practical solutions to international or cross-border disputes potentially subject to diverse laws and several courts, nevertheless, it cannot dispense with the reflection which comparative law offers on the theoretical and cultural significance of varying legal responses to an identical problem – a significance which, in many cases, the very use of legal rules outside their original context in order to resolve an issue raising a conflict of laws may serve to reveal. Moreover, to the extent that traditional versions of both disciplines tend to be largely state-centred, comparative law and private international law are similarly challenged today by the radical changes affecting the nature and role of the law in a global environment. Contemporary transformations of the global legal order include the emergence of sources of normativity beyond the state, the rise of human rights with extra-territorial reach, and the empowerment of private actors surfing on the free movement of capital and services. In this respect, theories in private international law and comparative law that have developed outside the mainstream are likely to come into their own, insofar as they have promoted ideas of community, consensus, and tolerance rather than relying on schemes of formal law and projects of assimilation.

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.