Private International Law and Global Governance

Horatia Muir Watt is Professor at Sciences-Po Paris, where she is Co-Director of the programme 'Global Governance Studies' within the Master's Degree in Economic Law. She gained a PhD in private international law from the University of Pantheon-Assas Paris in 1985. She is a tenured Professor in private international law and in comparative law. She taught at the University of Tours, at the University of Paris XI, and at the University of Paris I Pantheon-Sorbonne between 1996 and 2009 and was appointed to Sciences Po in 2009. She is a Member of the Institute of International Law and Editor-in-chief of the Revue critique de droit international prive (the leading French-language journal on private international law) and a member of the publication committees of numerous other legal journals. She founded the PILAGG (private international law and global governance group), now run with the LSE.

Introduction: The Relevance of Private International Law to the Global Governance Debate ; PART I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS ; SECTION A. EPISTEMOLOGICAL CHALLENGE: THE MEANING OF 'PRIVATE' IN PRIVATE INTERNATIONAL LAW ; 1. Comparative Law as Resistance ; 2. Private v Private: Transnational Private Law and Contestation in Global Economic Governance ; 3. Post-critical Private International Law: From Politics to Technique ; SECTION B. POLITICAL CRITIQUE: PRIVATIZATION AS HOMOGENIZATION ; 4. Global Land Grabbing: A Tale of Three Legal Homogenizations ; 5. Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism ; SECTION C. SEARCHING FOR LEGITIMACY: QUESTIONS OF DESIGN ; 6. Private Adjudication Without Precedent? ; 7. The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking ; 8. Balancing the Public and the Private in International Investment Law ; PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS ; SECTION A. THE GLOBAL TURN TO INFORMALITY: PRAGMATISM AND CONSTRUCTIVISM ; 9. A Pragmatic Approach To Global Law ; 10. Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation ; 11. The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs ; SECTION B. RE-IMPORTING PUBLIC LAW METHODOLOGY: FEDERALISM AND CONSTITUTIONALISM ; 12. Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law ; 13. The Constitution of the Conflict of Laws ; 14. Importing Proportionality to the Conflict of Laws ; SECTION C. REINVENTING A GLOBAL HORIZON: WORKING TOWARDS A GLOBAL PUBLIC GOOD ; 15. Regulatory Choice of Law as a Public Good ; 16. Recognition( and Mis-recognition) in Private International Law ; 17. Can Private International Law Contribute to Global Migration Governance? ; Paradigm Change in Private International Law: Renewal, Circularity, or Decline?