Research Methods in Private International Law

Hardback

Research Methods in Private International Law

A Handbook on Regulation, Research and Teaching

9781800375529 Edward Elgar Publishing
Edited by Xandra Kramer, Professor of Private Law, Erasmus School of Law, Erasmus University Rotterdam and Professor of Private International Law, Utrecht University, the Netherlands and Laura Carballo Piñeiro, Professor of Private International Law, Universidade de Vigo, Spain
Publication Date: May 2024 ISBN: 978 1 80037 552 9 Extent: c 404 pp
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.

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Critical Acclaim
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This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law (PIL) from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.

Featuring contributions from carefully selected eminent scholars, the Research Handbook is structured in three thematic sections. The first section explores the divide between public and private approaches to PIL regulation and research, covering human rights perspectives and key private initiatives in regulation. Moving on to address classical and modern research methodologies in PIL, the second section examines comparative law, empirical, economic and technical approaches and considers the influence of technology. The final section concludes with a discussion of crucial societal and educational aspects of PIL.

Research Methods in Private International Law will prove an essential reference for academics, researchers, and students of law with a particular interest in PIL, human rights law and research methods in law. Its practical focus on methodology will also be of benefit to policymakers and legal practitioners in the PIL field.
Critical Acclaim
‘This book features a changing physiognomy of private international law, which transcends the conventional public-private divide and state-centered methods. The authors consider regulatory functions, interdisciplinarity, and legal education of private international law in view of global governance. A highly recommended read on contemporary challenges and paradigm shifts in private international law.’
– Yuko Nishitani, Kyoto University, Japan

‘Private international law increasingly plays a crucial role as a navigational tool for mobile actors in a complex legal world. The rich variety of essays brought together in this book offer [scholars, students as well as practitioners] a great help in understanding how its methodologies have evolved, how it interacts with other disciplines, what discourses underpin it and how its transformative role can be enhanced, not least through legal education.’
– Hans van Loon, Former Secretary General of the Hague Conference on Private International Law (1996-2013), the Netherlands

‘This book offers readers an amphitheater seat from which they can view private international law from multiple fresh angles, and observe it being dissected with expert surgical precision. Reading it will prove enormously enriching and rewarding, for both the novice and the expert. I strongly recommend it.’
– Symeon C. Symeonides, Willamette University College of Law, US
Contributors
Contributors include: Laura Carballo Piñeiro, Adriani Dori, Diego P. Fernández Arroyo, Sai Ramani Garimella, Marco Giacolone, Paola Giacolone, Nuria González Martín, Christoph A. Kern, Mary Keyes, Patrick Kinsch, Xandra Kramer, Dulce Lopes, Cristina M. Mariottini, María Mercedes Albornoz, Ralf Michaels, Chukwuma Samuel Adesina Okoli, Marta Pertegás, Giesela Rühl, Veronica Ruiz Abou-Nigm, Maria Carlota Ucín, Aukje A.H. van Hoek, Christopher A. Whytock, Abubakri Yekini
Contents
Contents:

Preface xi
1 Private international law in a global world: a revival of
methodologies and research methods 1
Laura Carballo Piñeiro and Xandra Kramer

PART I PUBLIC, PRIVATE AND REGULATORY APPROACHES
2 Politics and private international law 19
Christopher A. Whytock
3 Private international law and human rights 37
Patrick Kinsch
4 Conflict of methods in private international law: a legal theory
perspective 55
María Carlota Ucín
5 Between flexibility and certainty: navigating between hard law
and soft law in private international law 73
Marta Pertegás
6 The private side of private international law: deregulation and
private autonomy 87
Cristina M. Mariottini
7 Recognition – a methodology without a method? 107
Dulce Lopes

PART II MULTIDISCIPLINARY AND
INTERDISCIPLINARY APPROACHES
8 Private international law will be comparative or it will be nothing 129
Diego P. Fernández Arroyo
9 Empirical methods and private international law 155
Christoph A. Kern
10 Economic analysis of private international law 172
Giesela Rühl
11 The methodological influence of European private
international law on domestic legal systems: a downstream analysis 200
Adriani Dori
12 Private international law meets technology 222
Marco Giacalone and Paola Giacalone

PART III SHAPING THE FUTURE THROUGH PRIVATE
INTERNATIONAL LAW METHODOLOGY
13 Towards private international law for everyone 246
Verónica Ruiz Abou-Nigm and Ralf Michaels
14 Feminist approaches to private international law 265
Mary Keyes
15 India’s private international law rules: persistence of colonial
law in a post-colonial state: a TWAIL-ean exploration 286
Sai Ramani Garimella
16 Private international law and teaching methodology:
a Nigerian perspective 313
Abubakri Yekini and Chukwuma Samuel Adesina Okoli
17 Private international law and teaching methodology in Mexico 336
María Mercedes Albornoz and Nuria González Martín
18 Teaching private international law: a view from the Netherlands 358
Aukje A.H. van Hoek
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