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In: American journal of international law: AJIL, Volume 117, Issue 4, p. 750-756
ISSN: 2161-7953
In: E. Benvenisti and D. Kritsiotis (eds), 'Cambridge History of International Law Vol XII: International Law since the Cold War' (Cambridge University Press, Forthcoming)
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In: Roxana Banu, Michael Green and Ralf Michaels (eds), Philosophical Foundations of Private International Law (OUP, 2023 Forthcoming)
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In: In Stephen Allen, Daniel Costelloe, Malgosia Fitzmaurice, Paul Gragl, and Edward Guntrip (eds.), 'Oxford Handbook on Jurisdiction in International Law', Oxford University Press, 2018 Forthcoming
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In: Bariatti, Crespi and Fumagalli (eds), Punitive Damages and European Private International Law (Forthcoming)
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In: The international & comparative law quarterly: ICLQ, Volume 65, Issue 3, p. 541-579
ISSN: 1471-6895
AbstractIn the European Union, private international law has almost exclusively been developed through the adoption of internal acts (particularly EU Regulations) in the pursuit of internal goals (principally, enhancing the efficient functioning of the internal market, and more recently and broadly the construction of an area of freedom, security and justice). This focus has and must come under challenge in light of two developments. The first is the apparent establishment of EU exclusive external competence in the field of private international law, creating the opportunity for external action by the EU. The second is the increased recognition that internal action by the EU has external effects, which should be viewed not merely as incidental but also as potentially instruments of external policy. In conjunction, these developments demand consideration of what role private international law could and should play as part of EU external relations. This article critically examines a range of possible techniques which might be adopted in relation to this new external dimension of EU private international law. These methods are not necessarily unique to private international law or the EU, and thus this article also provides a case study of the range of legal techniques which can be used by international actors to project policies externally.
In: Public Law (Forthcoming)
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In: University of Pennsylvania Journal of International Law, Volume 32, Issue 2, p. 369-455
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In: The international & comparative law quarterly: ICLQ, Volume 55, Issue 1, p. 1-50
ISSN: 1471-6895
The purpose of this article is to address two related false assumptions, or myths. The first is an assumption of public international law. It is the myth that the history of international law is one of progressive expansion, of increasing concern in public international law with matters traditionally considered private or internal to States, and that this expansion is a relatively recent phenomenon.1The second is an assumption of private international law. It is the myth that private international law is not actually international, as it is essentially and necessarily a part of the domestic law of States.2These assumptions, taken together, constitute the myth that public and private international law are discrete, distinct disciplines, with independent, parallel histories. This article addresses these myths through an analysis of the role played by international law theory in the history of private international law.
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In: Manufacturing & Service Operations Management (accepted). Kelley School of Business Research Paper No. 16-71.
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