Neutral Private International Law. Private International Law and Social Justice

Posted: 19 Dec 2018 Last revised: 5 Mar 2021

See all articles by Veerle Van Den Eeckhout

Veerle Van Den Eeckhout

Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law; University of Antwerp

Date Written: October 12, 2018

Abstract

In this work in progress of the author (compiling partly previous work, taking into account current developments - such as: recent developments regarding employee protection (recent revision of the Posting Directive, "Ryanair", …), recent developments regarding consumer protection (in various shapes and forms), recent attention for the interaction between migration law/refugee law and Private International Law), the role and potential of the discipline of Private International Law are discussed, particularly with regard to the regulation of themes that are put forward as hot topics in discussions about globalization cq (global cq transnational) social justice. The analysis focuses on various case studies, in particular the CSR theme and the theme of labor migration/labor exploitation, with also, laterally (and thereby making use of the author's analysis in earlier work), some attention to the theme of migration law (in the broad sense of the word - including e.g. also social security claims) in its interaction with PIL. The analysis concerns both the regional-European setting (where legal arguments such as European freedoms arise) and the global setting (where legal arguments such as European freedoms do not arise as such). The analysis is placed in a context of current calls to the discipline of PIL to play a more prominent role cq to exercise the role it deserves or should exercise cq “to do its bit”. The author points out a number of points of attention and caveats, especially if one wants to assign a role to PIL in realizing policy objectives.

See for previous recent work especially

- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148288
("The Instrumentalization of Private International Law: Quo Vadis? Rethinking the 'Neutrality' of
Private International Law in an Era of Globalization and Europeanization of Prviate International Law", 2012)

- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2626598
("The 'Right' Way to Go in International Labour Law - And Beyond", 2015)

- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3034231
("Private International Law in an Era of Globalization: 'Neutral' Private International Law?! I Could Be Brown, I Could Be Blue, I Could Be Violet Sky", 2017)

Suggested Citation

Van Den Eeckhout, Veerle, Neutral Private International Law. Private International Law and Social Justice (October 12, 2018). Available at SSRN: https://ssrn.com/abstract=3265160

Veerle Van Den Eeckhout (Contact Author)

Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law ( email )

4, rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

HOME PAGE: http://www.mpi.lu/the-institute/senior-research-fellows/veerle-van-den-eeckhout/

University of Antwerp ( email )

Prinsstraat 13
Antwerp, 2000
Belgium

HOME PAGE: http://www.uantwerpen.be/nl/personeel/veerle-vandeneeckhout/

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