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The Private Side of Transforming Our World - Un Sustainable Development Goals 2030 and the Role of Private International Law

The Private Side of Transforming Our World - Un Sustainable Development Goals 2030 and the Role of Private International Law
Author: Ral Michaels
Publisher: Intersentia
Total Pages: 574
Release: 2021-11-30
Genre: Law
ISBN: 9781839701665

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In 2015, the United Nations formulated 17 ambitious goals towards transforming our world - the Sustainable Development Goals (SDG 2030). Their relation to public international law has been studied, but private law has received less attention in this context and private international law none at all. Yet development happens - not only through public action but also through private action, and such action is governed predominantly by private law and private international law. This book demonstrates an important, constructive role for private international law as an indispensable part of the global legal architecture needed to turn the SDGs into reality. Renowned and upcoming scholars from around the world analyse, for each of the 17 SDGs, what role private international law actually plays towards these goals and how private international law could, or should, be reformed to advance them. Together, the chapters in the book bring to the fore the hitherto lacking private side of transforming our world.


The Private Side of Transforming Our World

The Private Side of Transforming Our World
Author: Ralf Michaels
Publisher:
Total Pages: 0
Release: 2021
Genre:
ISBN: 9781839702129

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"Our world is in a deep dual crisis – deeper yet than the crisis emerging from the Covid-19 pandemic. The socio-economic part of that crisis has been known for a long time: poverty, combined with ills such as inequality or the maltreatment of women and children. Unfortunately, these socio-economic problems are accompanied by a threefold planetary crisis of climate change, loss of biodiversity, and pollution.The ensuing conundrum for the world is considerable. On the one hand, we want to spur development to reduce poverty and inequality. On the other hand, we know that economic development, with its usage of carbon fuels and land resources, has devastating effects on the planet. We must then achieve development in the Global South that is sustainable. And we must, in addition, change practices in the Global North, which creates the majority of the negative impacts.This is the dual crisis addressed by the 17 Sustainable Development Goals 2030 (SDGs) formulated by the United Nations in 2015. Law plays a crucial role in their realisation. However, while their relation to public international law has been studied, private law has received less attention, and private international law (sometimes called conflict of laws) none at all.This is a significant lacuna, because most development occurs not only through public action, but also through private action. Investment, construction and distribution are matters for private contracts. The exploitation of the environment is based on private property rights. Both the empowerment of and the discrimination against women may come about through family arrangements like marriages.Such private action is governed predominantly by private law – contracts, property, company law, bankruptcy law, etc. Moreover, the transnational aspect of these actions is governed by private international law – the law applicable to contracts and other issues, the availability of courts and the enforceability of judgments from one state in another. Without analysing their role, we cannot understand what it takes to achieve the SDGs.This book demonstrates an important, constructive role for private international law as an indispensable part of the global legal architecture needed to turn the SDGs into reality. Renowned and upcoming scholars from around the world analyse, for each of the 17 SDGs, what role private international law actually plays towards advancing these goals and how private international law could, or should, be reformed to advance them. Together, the chapters in the book bring to the fore the hitherto lacking private side of transforming our world."--


Routledge Handbook of Private Law and Sustainability

Routledge Handbook of Private Law and Sustainability
Author: Marta Santos Silva
Publisher: Taylor & Francis
Total Pages: 693
Release: 2024-06-05
Genre: Law
ISBN: 1040037437

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The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.


A Guide to Global Private International Law

A Guide to Global Private International Law
Author: Paul Beaumont
Publisher: Bloomsbury Publishing
Total Pages: 664
Release: 2022-05-05
Genre: Law
ISBN: 1509932100

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This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.


From Theory to Practice in Private International Law

From Theory to Practice in Private International Law
Author: Justin Borg-Barthet
Publisher: Bloomsbury Publishing
Total Pages: 271
Release: 2024-02-22
Genre: Law
ISBN: 1509956654

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This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law – from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.


The Roles of International Law in Development

The Roles of International Law in Development
Author: McInerney Lankford
Publisher: Oxford University Press
Total Pages: 481
Release: 2024-02-16
Genre: Law
ISBN: 0192872907

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The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.


Blurry Boundaries of Public and Private International Law

Blurry Boundaries of Public and Private International Law
Author: Poomintr Sooksripaisarnkit
Publisher: Springer Nature
Total Pages: 287
Release: 2022-02-23
Genre: Law
ISBN: 9811684804

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This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.


Research Methods in Private International Law

Research Methods in Private International Law
Author: Xandra Kramer
Publisher: Edward Elgar Publishing
Total Pages: 409
Release: 2024-05-02
Genre: Law
ISBN: 1800375530

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This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.


Reimagining the International Legal Order

Reimagining the International Legal Order
Author: Vesselin Popovski
Publisher: Taylor & Francis
Total Pages: 365
Release: 2023-07-24
Genre: Law
ISBN: 1000915379

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International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.


Research Handbook on International Family Law

Research Handbook on International Family Law
Author: Janeen M. Carruthers
Publisher: Edward Elgar Publishing
Total Pages: 415
Release: 2024-06-05
Genre: Law
ISBN: 1802207422

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The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law.