A Period of Reckoning: Private International Law During the Time of the League of Nations

Cambridge History of International Law, vol. X (Forthcoming)

20 Pages Posted: 16 Mar 2023

See all articles by Roxana Banu

Roxana Banu

Oxford University Faculty of Law

Date Written: March 12, 2023

Abstract

It is often assumed that private international law is disconnected from geopolitical events. Private international law scholars assume this because they generally perceive their field as neutral and apolitical. Public international law scholars are often unaware that the two fields were historically enmeshed in geopolitical debates alongside each other. This chapter revisits the history of private international law in the interwar period to expose the reckoning of a variety of actors in private international law with the way in which the field was impacted by and could respond to the tumultuous geopolitical events of the day. Theoretical and methodological puzzles surrounding questions of jurisdiction and choice of law would be used to translate aspects of state succession, conflicts of nationality, vested rights, statelessness, capitulations, conflict of laws and jurisdiction in the Mandates or the extraterritorial application of Russian and then Nazi laws, into familiar private international law questions. Some of these interwar questions have contemporary parallels. Engaging with the history of private international in the interwar period can offer valuable lessons when considering private international law’s current role in geopolitical events.

Keywords: League of Nations, Private International Law

Suggested Citation

Banu, Roxana, A Period of Reckoning: Private International Law During the Time of the League of Nations (March 12, 2023). Cambridge History of International Law, vol. X (Forthcoming), Available at SSRN: https://ssrn.com/abstract=4386192 or http://dx.doi.org/10.2139/ssrn.4386192

Roxana Banu (Contact Author)

Oxford University Faculty of Law ( email )

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