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Diversity and Integration in Private International Law$
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Verónica Ruiz Abou-Nigm and María Blanca Noodt Taquela

Print publication date: 2019

Print ISBN-13: 9781474447850

Published to Edinburgh Scholarship Online: May 2020

DOI: 10.3366/edinburgh/9781474447850.001.0001

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Civil Judicial Cooperation: A Scottish Experience

Civil Judicial Cooperation: A Scottish Experience

Chapter:
(p.158) 10 Civil Judicial Cooperation: A Scottish Experience
Source:
Diversity and Integration in Private International Law
Author(s):

Nicola Wisdahl

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474447850.003.0011

This chapter presents an overview of the historical circumstances leading to a division of competence between “making” private international law in foreign affairs terms; and giving effect to (“doing”) private international law domestically. Drawing on this dichotomy, the chapter reflects on a Scottish experience of judicial cooperation in practice. Using an anthropological lens this chapter reflects on identifying the required “Other” for cooperation - a binary requiring some aspect of “foreignness” of another law. This is considered both in the context of the UK as a multi-jurisdictional state; and as part of a nascent field within attempts to create a European area of freedom, security and justice. These reflections provide a practical overview of an era which seems certain to see some change in the near future.

Keywords:   Foreignness, Other, Dualism in international law, European trends

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