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Diversity and Integration in Private International Law

Edited by Verónica Ruiz Abou-Nigm, Maria Blanca Noodt Taquela

Hardback (Forthcoming)

How can private international law contribute to the development of the legal architecture needed to integrate our emerging multi-cultural society?

Key Features

  • Opens a cross-regional dialogue, shifting the Eurocentric discussion on diversity and integration to a more inclusive engagement with the Global South in private international law issues
  • Promotes a cosmopolitan vision of private international law, as a discipline with the potential to transcend its boundaries to further promote the reality of cross-border integration
  • Provides timely insights on the significance of the Brexit vote for rethinking the challenges that legal diversity poses for an integration project

Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this book explores how the methodologies and techniques of private international law can be used to engage with legal diversity. The contributors explore ways forward and set out a vision of private international law connected to the communication, coordination, cooperation and engagement between legal orders. It provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics.

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List of Contributors

Introduction: Private International and Cosmopolitan Integration
Verónica Ruiz Abou-Nigm

1: Private International Law as an Ethic of Responsivity
Ralf Michaels

Part I: Communication Legal Diversity and Integration

2: Embracing Diversity - The Role of the Hague Conference in the Creation of Universal Instruments
Hans van Loon

3: Managing Diversity in Cross-Border Succession Problems: A British Perspective
Janeen M Carruthers

4: Cross-border family issues in the EU: Multiplicity of instruments, inconsistencies and problems of coordination
Rosario Espinosa Calabuig

5: Non-uniform Application of European Union Private International Law
Katarina Trimmings and Burcu Yüksel

6: On Private International Law, the EU and Brexit
Marta Requejo Isidro

Part II: Cooperation The Architecture of Engagement

7: International Judicial Cooperation as the Architecture of Engagement
María Blanca Noodt Taquela

8: Judicial co-operation: Resolving the Differing Approaches
David McClean

9: Judicial Cooperation in South America: Regional Perspective
Nadia de Araujo

10: Civil Judicial Cooperation: A Scottish Experience
Nicola Wisdahl

11: The Judgments Project of the Hague Conference on Private International Law: a way forward for a long-awaited solution
Fabrício B. Pasquot Polido

Part III: Coordination The Evolving Focus on the Individual

12: Integrating Legal Approaches to Migration
Kasey McCall-Smith

13: Labour Migration and Private International Law
Laura Carballo Piñeiro

14: E-commerce and Consumer Protection in Integrated Markets
Beatriz Añoveros Terradas

15: Protection of the Individual in Recent Private International Law Codification in Latin America
Sebastián Paredes

16: The Challenges of the New Social and Scientific Realities in Private International Family Law – The Latin American Experience
Nieve Rubaja and María Mercedes Albornoz

Part IV: Engagement Private International Law in Practice

17: The Key Role of Judges in the Development of Private International Law: Lessons Learned from the Work of the Hague Conference on Private International Law
Ignacio Goicoechea and Hans van Loon

18: Private International Law and International Commercial Arbitration – A Dialogue about the Usefulness and Awareness of the Former for the Latter
Giuditta Cordero Moss and Diego Fernández Arroyo

19: Demystifying Private International Law for International Commercial Contracts
Guillermo Argerich & María Laura Capalbo

20: Public Policy in Private International Law: Guardian or Barrier?
Cecilia Fresnedo de Aguirre

21: Bridging and Balancing: Diversity and Integration in Private International Law
Verónica Ruiz Abou-Nigm.

About the Author

Verónica Ruiz Abou-Nigm is Senior Lecturer in International Private Law at the University of Edinburgh. She has published widely in the field of private international law. Her teaching and research span several countries in Europe and South America. She is Vice President of the European Law Faculties Association.

María Blanca Noodt Taquela is Professor of Private International Law at the University of Buenos Aires. She has authored several books and articles on Private International Law and International Commercial Arbitration.

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