Private International Law Beyond the Schism

Watt, Horatia Muir

doi:10.5235/204140011800664120

Cited by 62 publications

(6 citation statements)

References 33 publications

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“…CoL, more specifically, remains on the side of the investment/public-goods discourse. In her inspiring piece, Private International Law Beyond the Schism, Horatia Muir Watt (2011) shows how private international law has willingly chosen not to look at public goods or public values. While hidden behind aspirations of axiological neutrality and 'process-based technicality', this wilful blinding decision has paved the way for the 'privatisation' of sovereignty on the part of private actors operating in the transnational realm and shaping global authority and interests.…”

Section: The Contractual Imperative Of Party Autonomymentioning

confidence: 99%

Contracting in land and natural resources: a tale of exclusion

Violi

2021

International Journal of Law in Context

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By browsing the website of Land Matrix, one can measure the extent of land-related large-scale investments in natural resources (LRINRs) and place it on the world map. At the time of writing, the extent of these investments covers an area equal to the surfaces of Spain and Portugal together – or, for football fans, around 60 million football pitches. These investment operations have often been saluted as instrumental to achieve the developmental needs of host countries and as the necessary private counterpart to state (and interstate) efforts aimed at (sustainable) development goals. Yet, the realities on the ground offer a scenario characterised by severe instances of displacement of indigenous or local communities and environmental disruptions. The starting point of this short essay is that these ‘externalities’ are generated through the legal construct enabling the implementation of these investment operations. As such, this contribution lies neatly in the line of research set forth in the excellent books of Kinnari Bhatt and Jennifer Lander, from the perspective of both the development culture shaping these investment operations and the private–public environment in which these are situated. The essay tries and dialogues with both components, while focusing at a metalevel on the theoretical shifts potentially geared to turn a ‘tale of exclusion’ into a ‘tale of inclusion’.

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Section: The Contractual Imperative Of Party Autonomymentioning

confidence: 99%

Contracting in land and natural resources: a tale of exclusion

Violi

2021

International Journal of Law in Context

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“…25 As Horatia Muir Watt underlined, it was in the Roman-Christian tradition that conflict-of-law rules were workable. 26 In this context, Andrés Bello's work and the Chilean Civil Code of 1855 which he drafted stand out as an example of the influence of European legal institutions and legal ways of thinking in the field of private international law in Latin America. 27 Dutch conflictof-law theory and its comitas gentium doctrine determined Bello's preference for territorial rules, 28 such as those about personal and real statutes.…”

Section: A Legal Transplant and Reception In Latin American Private I...mentioning

confidence: 99%

Exploring a Minefield: Private International Law in Latin America, Its Neocolonial Character, and Its Potentialities

Jiménez¹

2021

CAL

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Comparative legal studies have critically approached processes such as the reception or transplant of law from Europe and the United States into Latin American countries, taking into account their neocolonial biases. I will consider this subject within the framework of the following question: To what extent is it possible for Latin American countries to free themselves from some harmful effects of the neocolonial character of law by resorting to that same law? Though in some respects, such a possibility may be rejected, it should not be seen beforehand as a binary question. I will take private international law as an example to approach some issues that lie behind that question. The reason I will use private international law, and the comparative law dimensions that are at its basis, is connected to criticisms that point to pluralism: neocolonial legal institutions do not properly consider the diversity of pre-state normative orders which exist in the region. Certainly, Latin American private international law has traditionally rejected any proper consideration of the diversity of pre-state normative orders which exist in the region. But, at the same time, private international law since its origin has tackled the existence of foreign normative orders, as well as the extent to which they can be accepted and applied.

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“…Following the nature of the Convention as a private international law instrument, which objectives have always been on the enabling rather disciplining capacities (Muir Watt : 354) but coupled with the more normative dimensions from human rights discourse, I propose approaching the Hague Adoption Convention as a double movement within a countermovement. On the one hand, the Hague Adoption Convention has facilitated adoption markets, and legitimated adoption's place in a global reproductive economy .…”

Section: Context Of Actionmentioning

confidence: 99%

Moving Children through Private International Law: Institutions and the Enactment of Ethics

Wichelen¹

2019

Law Soc Rev

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This article examines how the Hague Convention on the Protection of Children and Co‐operation in Respect of Intercountry Adoption (Hague Adoption Convention) plays a central role in justifying the institution of legal adoption. The Hague Adoption Convention has often been regarded as a response to the challenges that the “global situation” brings to adoption practice. Based on private international law, the agreement contains protocols and norms to ensure the protection of the child in intercountry adoption. In the article, I propose that the Hague Convention can be understood as a “transparency device”; a complex assemblage working in pursuit of global “good governance.” The device, however, also operates as justification within the institutional domain, allowing adoption agencies to make distinctions between legitimate and illegitimate adoptions. Idemonstrate how the logic of transparency disguises as much as it promises to reveal. While the doctrine's aim is to validate adoptability and combat trafficking, it also helps to mainstream Euro‐American adoption knowledge to other parts of the world.

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Private International Law Beyond the Schism

Cited by 62 publications

References 33 publications

Contracting in land and natural resources: a tale of exclusion

Contracting in land and natural resources: a tale of exclusion

Exploring a Minefield: Private International Law in Latin America, Its Neocolonial Character, and Its Potentialities

Moving Children through Private International Law: Institutions and the Enactment of Ethics

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