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The constitution of the conflict of laws

Bomhoff, Jacco (2014) The constitution of the conflict of laws. In: Watt, Horatia Muir and Arroyo, Diego Fernandez, (eds.) Private International Law and Global Governance. Law and Global Governance Series. Oxford University Press, Oxford, UK, 262 - 276. ISBN 9780198727620

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Identification Number: 10.1093/acprof:oso/9780198727620.003.0014


Private international law doctrines are often portrayed as natural, largely immutable, boundaries on local public agency in a transnational private world. Challenging this problematic conception requires a reimagining of the field, not only as a species of public law or an instrument of governance, but as a constitutional phenomenon. This chapter investigates what such a ‘constitution of the conflict of laws’ could look like. Two features are given special emphasis. First: the idea of the conflict of laws as an independent source of constitutionalist normativity, rather than as a mere passive receptacle for constraints imposed by classical liberal constitutional law. And second: the possibility of a local, ‘outward-looking’ form of conflicts constitutionalism to complement more familiar, inwardly focused, federalist conceptions.

Item Type: Book Section
Additional Information: © 2014 The Author
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 05 Oct 2017 14:22
Last Modified: 17 Aug 2021 23:27

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