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Rediscovering the Public Dimension of Private International Law

Mills, A; (2012) Rediscovering the Public Dimension of Private International Law. Hague Yearbook of International Law , 24 (2011)

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Abstract

This article, which considers aspects of TMC Asser’s legacy in private international law, was presented as part of the Commemorative Conference celebrating the 100th anniversary of his receipt of the Nobel Peace Prize, held on 9th December 2011 at the Peace Palace in The Hague, the Netherlands. The article begins by discussing the history of private international law, presenting and contextualising Asser’s public international perspective, highlighted by his foundational role in the Hague Conferences on Private International Law. It then turns to analyse the subsequent fragmentation of private international law into discrete national approaches, which have often emphasised private rights. The article then discusses recent changes in private international law in the European Union, Canada and Australia, and characterises them as a revival of a more public perspective, which presents fresh challenges for private international law. It argues that these modern developments should be understood and welcomed as at least a partial rediscovery of the ‘public’ dimension of private international law, and thus as signposts of a return to Asser’s globalist vision.

Type:Article
Title:Rediscovering the Public Dimension of Private International Law
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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