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In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues - such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration - that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues - such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration - that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers

A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity

THIS ARTICLE EXAMINES THE DISTINCTION BETWEEN PUBLIC AND PRIVATE INTERNATIONA LAW, ARGUING THAT IT IS NOT REFLECTIVE OF AN ORGANIC, NATURAL OR INEVITABLE SEPARATION. RATHER, THE DISTINCTION IS PRESENTED AS AN ANALYTICAL CONSTRUCT THAT EVOLVED WITH THE EMERGENCE OF THE BOURGEOIS STATE. THE PUBLIC/PRIVATE DISTINCTION PROVIDED THE IDEOLOGICAL CONDITIONS FOR THE EMERGENCE OF LIBERAL MARKET ECONOMIES AND, IN LAW, FORMED THE FOUNDATION FOR TERRITORIALLY INDIVIDUATED STATE AUTHORITY. HOWEVER, CONTEMPORARY DEVELOPMENTS IN CAPITALIST PRODUCTION AND FIANCE ARE RECONFIGURING THE PRIVATE AND PUBLIC SPHERES AND CONTRIBUTING TO THE EMPIRICAL DECLINE OF THE DISTINCTION. THE DISTINCTION REMAINS VERY POWERFUL SYMBOLICALLY, HOWEVER; THIS IS ATTRIBUTED TO THE INFLUENCE OF NEOLIBERAL IDEOLOGY THAT ASSERTS THE SUPERIORITY OF PRIVATE LAW IN THE REGULATION OF INTERNATIONAL COMMERCE. AN ALLIANCE BETWEEN PRIVATE AND PUBLIC AUTHORITIES WHO ARE UNITED IN THEIR COMMITMENT TO THE EXPANSION OF CAPITALISM THROUGH DISEMBEDDING INTERNATIONAL COMMERCE FORM NATIONAL, SOCIAL AND DEMOCRATIC CONTROLS IS ADVANCING THIS IDEOLOGY AND CONTRIBUTING TO THE TROUBLING AND PARADOXICAL EXERCISE OF PUBLIC AUTHORITY BY PRIVATE ACTORS.