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Nineteenth Century Perspectives on Private International Law

Nineteenth Century Perspectives on Private International Law (Hardback)

By Banu, Roxana

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Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between pri...vate and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.
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ISBN 9780198819844
Released NZ 9 Aug 2018
Publisher Oxford University Press (S1)
Format Hardback
Series The History and Theory of International Law
Indent title (sourced internationally), Allow 8-12 weeks due to Covid 19 freight delays

Full details for this title

ISBN-13 9780198819844
Stock Available
Status Indent title (sourced internationally), Allow 8-12 weeks due to Covid 19 freight delays
Publisher Oxford University Press (S1)
Imprint Oxford University Press
Released 9 Aug 2018
Publication Country United Kingdom United Kingdom
Format Hardback
Author(s) By Banu, Roxana
Series The History and Theory of International Law
Category Political Science & Theory
Jurisprudence & Philosophy Of Law
Legal History
Public International Law
Private International Law & Conflict Of Laws
Civil Law (General Works)
Number of Pages 352
Dimensions Width: 163mm
Height: 240mm
Spine: 26mm
Dewey Code 340.909034
Weight 676g
Interest Age 19+ years
Reading Age 19+ years
Library of Congress Conflict of laws, Conflict of laws
NBS Text International Law: Professional
ONIX Text College/higher education