Private International Law: Idealism, Pragmatism, Eclecticism

Legal History

Private International Law: Idealism, Pragmatism, Eclecticism

By Symeon C. Symeonides
Brill Nijhoff December 2021

Specifications

ISBN-13
9789004503908
Publisher
Brill Nijhoff
Publication
December 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.

Table of Contents

Preliminary Material
Introduction
Historical Foundations
Substantivist Carve-Outs
The “International” in Private International Law
The “Private” in Private International Law
Unilateralist Encroachments
The Material Tempering of Conflicts Justice
The Softening of Concepts and Rules
The Narrowing of Legal Categories
Party Autonomy
The Challenge of the Internet
From Idealism to Pragmatism and Eclecticism
Bibliography
Index
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