- Title Pages
- Foreword
- Contributors
- Introduction: Private International Law and Cosmopolitan Integration
-
1 Private International Law as an Ethic of Responsivity -
2 Embracing Diversity – The Role of the Hague Conference in the Creation of Universal Instruments -
3 Managing Diversity in Cross-border Succession Problems: A British Perspective -
4 Cross-border Family Issues in the EU: Multiplicity of Instruments, Inconsistencies and Problems of Coordination -
5 Non-uniform Application of European Union Private International Law -
6 On Private International Law, the EU and Brexit -
7 International Judicial Cooperation as the Architecture of Engagement -
8 Judicial Cooperation: Resolving the Differing Approaches -
9 Judicial Cooperation in South America: A Regional Perspective -
10 Civil Judicial Cooperation: A Scottish Experience -
11 The Judgments Project of the Hague Conference on Private International Law: A Way Forward for a Long-awaited Solution -
12 Integrating Legal Approaches to Migration -
13 Labour Migration and Private International Law -
14 E-commerce and Consumer Protection in Integrated Markets -
15 Protection of the Individual in Recent Private International Law Codification in Latin America -
16 The Challenges of the New Social and Scientific Realities in Private International Family Law – The Latin American Experience -
17 The Key Role of Judges in the Development of Private International Law: Lessons Learned from the Work of the Hague Conference on Private International Law -
18 Private International Law and International Commercial Arbitration – A Dialogue about the Usefulness and Awareness of the Former for the Latter -
19 Demystifying Private International Law for International Commercial Contracts -
20 Public Policy in Private International Law: Guardian or Barrier? -
21 Bridging and Balancing: Diversity and Integration in Private International Law - Index
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
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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- Title Pages
- Foreword
- Contributors
- Introduction: Private International Law and Cosmopolitan Integration
-
1 Private International Law as an Ethic of Responsivity -
2 Embracing Diversity – The Role of the Hague Conference in the Creation of Universal Instruments -
3 Managing Diversity in Cross-border Succession Problems: A British Perspective -
4 Cross-border Family Issues in the EU: Multiplicity of Instruments, Inconsistencies and Problems of Coordination -
5 Non-uniform Application of European Union Private International Law -
6 On Private International Law, the EU and Brexit -
7 International Judicial Cooperation as the Architecture of Engagement -
8 Judicial Cooperation: Resolving the Differing Approaches -
9 Judicial Cooperation in South America: A Regional Perspective -
10 Civil Judicial Cooperation: A Scottish Experience -
11 The Judgments Project of the Hague Conference on Private International Law: A Way Forward for a Long-awaited Solution -
12 Integrating Legal Approaches to Migration -
13 Labour Migration and Private International Law -
14 E-commerce and Consumer Protection in Integrated Markets -
15 Protection of the Individual in Recent Private International Law Codification in Latin America -
16 The Challenges of the New Social and Scientific Realities in Private International Family Law – The Latin American Experience -
17 The Key Role of Judges in the Development of Private International Law: Lessons Learned from the Work of the Hague Conference on Private International Law -
18 Private International Law and International Commercial Arbitration – A Dialogue about the Usefulness and Awareness of the Former for the Latter -
19 Demystifying Private International Law for International Commercial Contracts -
20 Public Policy in Private International Law: Guardian or Barrier? -
21 Bridging and Balancing: Diversity and Integration in Private International Law - Index
