Transnational Private Litigation and Transnational Governance

Private International Law Beyond the Schism

“…390 There is hope that the politics of private international law may now resemble this ideal, pursuing ways in which to recognise and tether private authority in a world in which state and non-state rule-makers coexist-in a (hopefully) 'more mature international society', where 'more oversight' is exercised. 391 By asserting its political dimension, law need not be disqualified as 'law'; on the contrary, it can be seen as a process of construction of the political community. 392 However, it does mean that private international law as the constitution of private transnational governance needs to abandon the conceit of political neutrality-to the extent that neutrality is understood as an apology or a screen that prevents it from dealing head-on with the global expressions of non-state powerand gear its tools towards the protection of the planetary commons.…”