The “Private” in Private International Law

Conflict of Laws

The “Private” in Private International Law

By Symeon C. Symeonides
Eleven International Publishing June 2019

Specifications

ISBN-13
9789462369498
Publisher
Eleven International Publishing
Publication
June 2019
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The adjective "private" in Private International Law (PIL) distinguishes PIL from its public international sibling but also confines its scope to horizontal disputes between parties other than states acting as such. But does this mean that these disputes implicate only the interests of the immediate parties and not the interests of the states involved in the conflict? The classical and still prevailing view of PIL answers this question in the affirmative. A contrary view, usually associated with American conflicts law, assumes that most of these disputes implicate the conflicting claims or "interests" of the involved states to apply their respective laws. This essay, which is based on the Private Law Lecture delivered at Maastricht University, explores these antithetical assumptions and uncovers the extent to which contemporary PIL systems have embraced the latter view, albeit in mostly covert ways.

Table of Contents

Introduction
I. The Privateness of PIL
II. PIL and State Interests
III. Not "Only in America": Recognition of State Interests Elsewhere
Conclusions
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