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Private international law and public international law-increasing convergence or divergence as usual?

Citation

Sooksripaisarnkit, P and Prasad, D, Private international law and public international law-increasing convergence or divergence as usual?, Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still?, Springer, P Sooksripaisarnkit and D Prasad (ed), Singapore, pp. 283-286. ISBN 9789811684791 (2022) [Research Book Chapter]


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DOI: doi:10.1007/978-981-16-8480-7_15

Abstract

In Chapter 1, the authors set two questions that need to be answered. First, whether a clear-cut distinction between public international law and private international law still holds in a contemporary environment. Or whether these two disciplines which had not been separated before the seventeenth century become more convergent and are moving toward merger so they become one discipline. In this chapter, the authors conclude that, while evidence suggests increasing convergence between the two disciplines, the time is not ripe for a complete merger into one unique discipline. However, there are ways whereby public international law and private international law may be taught together, as international law and EU law are at present living examples. To do so, the focus of private international law should be slightly adapted with more emphasis on its role in regulatory functioning.

Item Details

Item Type:Research Book Chapter
Keywords:public international law, private international law, harmonisation, convergence, divergence
Research Division:Law and Legal Studies
Research Group:International and comparative law
Research Field:Conflict of laws (incl. private international law)
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Civil justice
UTAS Author:Sooksripaisarnkit, P (Dr Poomintr Sooksripaisarnkit)
ID Code:149088
Year Published:2022
Deposited By:Maritime and Logistics Management
Deposited On:2022-03-07
Last Modified:2022-04-11
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