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Sebastian Spitra - Uncovering a Forgotten History: Private International Law as National Promise for Internationalism in the 19th Century

Réalisation : 17 septembre 2021 Mise en ligne : 17 septembre 2021
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Descriptif

The historical study of privateinternational law is an often-neglected topic within the broader turn to thehistory in international law. Only a few works explore the dogmatic,intellectual and social history of this area of law with its at times hybrid positionbetween the domestic and international level. This paper focuses on this lacunaand seeks to describe the development of private international law or conflictof laws during the 19th century. From the mid-18th century to the end of the19th century, the foundations of this field of law have been aligned to newrequirements of the political and economic order: The rise of the nation state,international economic markets and the increased mobility in a connected worldby technological innovations are just some key issues that mark thistransition. The argument of this paper is that this transformation on atransnational legal level emanated from domestic legal changes and discoursesthat can be comparatively observed in various countries at the time. It seeksto describe, on the one hand, the dogmatic preconditions and shifts, but alsoembed it, on the other hand, in the practical and intellectual environment atthe time. Despite the aspirations of many international lawyers, the debateswere perceived through the national lenses. The paper seeks to relate theselegal discourses to the understanding of internationalism that was driving manyintellectuals in different fields at the time.

 

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