Managing Legal Diversity - New Challenges for Private International Law
Published in Hague Yearbook of International law, 2011 (24), pp. 25-45
Nederlands Internationaal Privaatrecht 2012, 30 (3), pp. 362-370.
9 Pages Posted: 11 Dec 2014
Date Written: 2011
In this contribution the author describes how the structural presence of private international law cases in modern society poses new challenges to private international law as a legal discipline. The literature on legal pluralism and multilevel governance is used both to provide a better understanding of the challenges and to point to possible lines of investigation. The key issues are: the difficulty of integrating non-national standard-setting in the choice of law model, the changing content of legitimate expectations and their effect on the choice of law, the need for a systemic adaptation of national legal systems to the growing presence of foreign elements within the legal order and the role of transnational legal infrastructure in the management of legal diversity.
Keywords: Private international law, legal diversity, legal pluralism, multilevel governance
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