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Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation

Harm Schepel

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0011
Subject:
Law, Private International Law, Constitutional and Administrative Law

This chapter advances a legal constructivist approach to private transnational governance. Analytically, the argument is that the law/non-law distinction is itself a legal operation, which does not ... More


Lex Mercatoria—The Debate as it Currently Stands

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0002
Subject:
Law, Company and Commercial Law, Private International Law

This chapter provides an overview of the lex mercatoria debate and argues that the discourse suffers from deficiencies. First, there is an overwhelming advocatory style amongst commentators to the ... More


The Relevance of Private International Law to the Global Governance Debate

Horatia Muir Watt

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0001
Subject:
Law, Private International Law, Constitutional and Administrative Law

While ongoing debates reveal emerging responses to distributional issues beyond the Western welfare state, and new conceptions of private transnational authority, it seems that PIL stands aloof, ... More


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