On the Interface between Public and Private International Law /
Our understanding of the operation of law beyond the nation State has been deeply shaped by two great disciplines: public and private international law. Yet surprisingly little systematic attention has been devoted to the relationship between the two. The public-private divide operates to separate t...
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Format: eBook
Language: English
Published:
Leiden ; Boston :
Brill | Nijhoff,
2025.
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Call Number: KZ3410
Table of Contents:
- Preface
- Part One On conceptions of law outside the State
- Chapter I The public/private divide in international law
- A On conceptions of law outside the State
- B On the public/private divide in international law
- C Lost in translation: Neglected issues at the interface
- Chapter II On public international law
- A The public functions of public international law
- B The influence of private law on public international law
- C Public international law recognition of a role for private international law
- D Limitations of the public international law model
- Chapter III On private international law
- A The private function of private international law
- B The influence of public international law on private international law
- C Limitations and opportunities of the private international law model
- Chapter IV International arbitration: a semi-autonomous system
- A Introduction
- B A private realm beyond the State
- C Connections with national law: A matter of perspective
- D Relation with public international law
- E Is arbitration a transnational legal system?
- Chapter V Transnational law beyond the State?
- A Introduction
- B Origins of an idea
- C What is transnational law?
- D Implications for contemporary practice
- Part Two On the public/private interface
- Chapter VI Public international law: pluralism or systemic integration?
- A Introduction
- B Public international law, plural or general?
- C Public international law as a law of conflicts
- D The search for system in international law
- E The principle of systemic integration in treaty interpretation
- Chapter VII State responsibility for the exercise of public power
- A Introduction
- B Foundations of State responsibility
- C Relation with private law and private parties
- Chapter VIII Foreign relations law: public power - private remedies
- A Introduction
- B Foreign relations law at the interface
- C Five conceptions of foreign relations law
- D Two contrasting applications
- E Conclusions
- Chapter IX Jurisdiction I: External exercise of public power
- A Introduction
- B The use and abuse of jurisdiction and extraterritoriality
- C Proscription or prescription?
- D Territoriality and extraterritoriality: Exercise of power and its constraint
- E Jurisdiction and the responsibility of the State and its officials
- Chapter X Jurisdiction II: The control of private parties
- A Introduction
- B The public/private divide
- C Jurisdiction over corporations
- D Regulatory control: Extraterritorial jurisdiction over effects
- E Comity and the jurisdictional interests of other States
- Part Three Private claims against the State
- Chapter XI Immunities I: Public power
- A Introduction
- B The public functions of State immunity
- C Customary immunity and its material sources
- D Scope
- E Immunity of individuals as State officials from international crimes
- Chapter XII Immunities II: Private claims and the corporate State
- A Introduction
- B Immunity as allocation of jurisdiction over foreign States
- C The concept of commerciality and its function in immunity cases
- D The State-owned corporation: Private or public?
- Chapter XIII Investment arbitration I: Public law in private process
- A Introduction
- B The hybrid public/private character of investment arbitration
- C Public law elements
- D Process fix: From arbitration to a standing court/appellate mechanism?
- Chapter XIV Investment arbitration II: Applicable law - public and private
- A Introduction
- B A mixed system of applicable law
- C Choice of law in investment arbitration
- D Role of host State law
- E Role of international law
- Chapter XV The once and future science of international law
- A Introduction: Law amid constant change
- B International law as a science
- C Characteristics of the contemporary international system
- D Coherence
- E Conclusion
- Selected bibliography
- About the Author.