Research Methods in Private International Law

Private international law as a discipline is breaking out of the musty cellars to which it (unjustifiably) is traditionally confined. This excellently edited volume excels in critical thinking about the nature, direction and purpose of part of the law which increasingly plays a crucial role in core societal challenges. Its engagement with a wide variety of methodological approaches is as enriching as it is exciting. -- Geert van Calster, KU Leuven, Belgium This book features a changing physiognomy of private international law, which transcends the conventional public-private divide and state-centered methods. The authors consider regulatory functions, interdisciplinarity, and legal education of private international law in view of global governance. A highly recommended read on contemporary challenges and paradigm shifts in private international law. -- Yuko Nishitani, Kyoto University, Japan Private international law increasingly plays a crucial role as a navigational tool for mobile actors in a complex legal world. The rich variety of essays brought together in this book offer [scholars, students as well as practitioners] a great help in understanding how its methodologies have evolved, how it interacts with other disciplines, what discourses underpin it and how its transformative role can be enhanced, not least through legal education. -- Hans van Loon, Former Secretary General of the Hague Conference on Private International Law (1996-2013), the Netherlands This book offers readers an amphitheater seat from which they can view private international law from multiple fresh angles, and observe it being dissected with expert surgical precision. Reading it will prove enormously enriching and rewarding, for both the novice and the expert. I strongly recommend it. -- Symeon C. Symeonides, Willamette University College of Law, US

Edited by Xandra Kramer, Professor of Private Law, Erasmus School of Law, Erasmus University Rotterdam and Professor of Private International Law, Utrecht University, the Netherlands and Laura Carballo Pieiro, Professor of Private International Law, Universidade de Vigo, Spain

Contents: Preface xi 1 Private international law in a global world: a revival of methodologies and research methods 1 Laura Carballo Pieiro and Xandra Kramer PART I PUBLIC, PRIVATE AND REGULATORY APPROACHES 2 Politics and private international law 19 Christopher A. Whytock 3 Private international law and human rights 37 Patrick Kinsch 4 Conflict of methods in private international law: a legal theory perspective 55 Mara Carlota Ucn 5 Between flexibility and certainty: navigating between hard law and soft law in private international law 73 Marta Pertegs 6 The private side of private international law: deregulation and private autonomy 87 Cristina M. Mariottini 7 Recognition a methodology without a method? 107 Dulce Lopes PART II MULTIDISCIPLINARY AND INTERDISCIPLINARY APPROACHES 8 Private international law will be comparative or it will be nothing 129 Diego P. Fernndez Arroyo 9 Empirical methods and private international law 155 Christoph A. Kern 10 Economic analysis of private international law 172 Giesela Ruhl 11 The methodological influence of European private international law on domestic legal systems: a downstream analysis 200 Adriani Dori 12 Private international law meets technology 222 Marco Giacalone and Paola Giacalone PART III SHAPING THE FUTURE THROUGH PRIVATE INTERNATIONAL LAW METHODOLOGY 13 Towards private international law for everyone 246 Vernica Ruiz Abou-Nigm and Ralf Michaels 14 Feminist approaches to private international law 265 Mary Keyes 15 Indias private international law rules: persistence of colonial law in a post-colonial state: a TWAIL-ean exploration 286 Sai Ramani Garimella 16 Private international law and teaching methodology: a Nigerian perspective 313 Abubakri Yekini and Chukwuma Samuel Adesina Okoli 17 Private international law and teaching methodology in Mexico 336 Mara Mercedes Albornoz and Nuria Gonzlez Martn 18 Teaching private international law: a view from the Netherlands 358 Aukje A.H. van Hoek