Connecting Public and Private International Law
Forthcoming in V Ruiz Abou-Nigm, K McCall-Smith and D French, Linkages and Boundaries in Private and Public International Law (Hart 2018)
16 Pages Posted: 8 Mar 2018
Date Written: October 2017
The relationship between public and private international law is a topic which has long been debated, and which remains highly controversial. Despite an increasing range of scholarship looking at connections between the two fields, some modern public and private international lawyers would doubt that any deep relationship exists between the two subjects. This Chapter addresses these doubts by examining a link between public and private international law which arises in the context of sources, and exploring six connections between public and private international law – connections of (1) principle, (2) history, (3) functional commonality, (4) policy incorporation, (5) shared objectives, and (6) methodology.
Keywords: public international law, private international law, conflict of laws
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