The Confluence of Public and Private International Law


Book Description

A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.




A Treatise on Private International Law, Or the Conflict of Laws


Book Description

Excerpt from A Treatise on Private International Law, or the Conflict of Laws: With Principal Reference to Its Practice in the English and Other Cognate Systems of Jurisprudence, and Numerous References to American Authorities Next, if it be not a part of the same duty, was that of suiting the order of treatment to the common classifications of English law. Personal relations occupy in our jurisprudence so small a space as compared with pecuniary, and our sub division of the latter into those of real and personal property is so unlike the common subdivision into the relations of property and obligation, that to have set out from the law and jurisdiction affecting the person as such, or to have developed the inter national law of property in one chapter, would have vastly increased the difficulty of founding a connected system on the English decisions, besides perhaps bewildering the English student. Indeed, in the arrangement, I have mainly considered the order in which a student reading the work as a whole had best be introduced to its topics; and have therefore not shrunk from letting princi ples be first seen in particular applications, or from any other course which seemed to carry him on most naturally from the knowledge with which he may be presumed to start. The practising lawyer is more likely to refer to the book than to peruse it, and I trust the index may be found c0pious enough to guide him readily to what he may require. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.