The Role of Private International Law in the Management of Competing Normative Regimes
(2017) International Graduate Legal Research Conference ‘Law and Crisis’ — Location: London School of Economics (LSE) (3.April.2017)
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- Authors
Brachotte, Sandrine 
- Abstract
- The proposed paper is part of the broader reflection on global governance that contemplates the latter as being polycentric and characterised by legal pluralism (Berman 2007): in the era of globalisation, not only States and international institutions, but also other actors such as transnational corporations, arbitrators, non-governmental organisations and domestic courts, make rules. Moreover, these rules are transnational in scope. As a consequence, several competing legal orders are put in place, which set different standards that can apply to a given situation. A certain chaos results therefrom, which law has been so far unable to embrace, thereby failing to fulfil its fundamental purpose that is organising the society and thus establishing and maintaining order. In that regard, the paper examines the role that private international law (or conflict of laws), as an intellectual style, could play in the management of competing normative regimes. For so doing, it first introduces the work of the few authors that have addressed this matter so far (Bomhoff 2014; Knop, Michaels and Riles 2012; Muir Watt 2011 & 2016; Teubner 2012). These legal writers suggest, notably, that the technique of private international law could lead, for instance, to giving a legally binding character to non-state rules such as multinationals’ codes of conduct, and to take on values that have remained ignored by law, such as cultural identities. The paper further compares and builds on the authors’ views in order to possibly identify the trends of a comprehensive and coherent transnational legal order – should it be called so - that would be based on private international law methods and reasoning. The paper concludes with a summary of such trends, as a way to determine the blurred zones of the topic where research is needed, especially that based on case studies.
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Citations
Brachotte, S. (2017). The Role of Private International Law in the Management of Competing Normative Regimes. International Graduate Legal Research Conference ‘Law and Crisis’, London School of Economics (LSE). https://hdl.handle.net/2078.5/239032