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THIS PAPER STUDIES THE RELATIONSHIP BETWEEN PUBLIC AND PRIVATE INTERNATIONAL LAW. ALTHOUGH THERE IS LITTLE DISAGREEMENT AS TO WHAT CONSTITUTES PUBLIC INTERNATIONAL LAW, THERE IS NOT MUCH UNANIMITY OF VIEWS WHEN DISCUSSING THE NATURE OF PRIVATE INTERNATIONAL LAW. DIFFERENT COUNTRIES HAVE DIFFERENT APPROACHES. THE AUTHOR STATES THAT THE PROBLEM OF DETERMINING THE NATURE OF PRIVATE INTERNATIONAL LAW IS PRINCIPALLY A CONCERN OF THE GENERAL THEORY OF LAW AND THE THEORY OF INTERNATIONAL LAW. SINCE NEITHER DISCIPLINE HAS GIVEN PROPER ATTENTION TO THE SUBJECT, THE AUTHOR SETS OUT TO DELIMIT THE NORMS OF ONE LEGAL SYSTEM FROM ANOTHER BY DETERMINING THE OBJECTS OF LEGAL RELATIONS, AMONG OTHER METHODS.

AbstractPrivate actors and institutions, and by extension private law itself, are increasingly being forced to reckon with a multiplicity of challenges that extend beyond the domain of private law as it is traditionally conceived. They reflect threats to the global constitutional order and liberal constitutionalism, and threats to individual and collective fundamental rights and constitutional values. As a result, the role of private law in framing and facilitating the development of the global economy and globalization often does not fall within the direct purview of public international lawyers. This editorial aims to examine the role of private law in the litigation and enforcement of public interests against the background of the public/private divide. This is done in light of the increasing role adopted by private actors, including corporations, beyond the private realm.

Intro -- Foreword -- Contents -- List of Contributors -- Introduction: Systemic Dialogue: Identifying Commonalities and Exploring Linkages in Private and Public International Law -- I. Mutually Strengthening Dialogue -- II. Discerning Synergies and Shared Values in International Law -- III. Functional Commonalities in International Law -- IV. Exploring Linkages and Boundaries in International Law -- V. Conclusion -- Part I: Discerning Synergies and Shared Values in International Law -- 1. Connecting Public and Private International Law -- I. Introduction -- II. Sources -- III. Connections -- IV. Conclusions -- 2. Windows in International Law -- I. Introduction -- II. Roman Interpretation: Between Strict and Flexible Legal Analysis -- III. Private and Public International Law as Professionally Distinct Fields -- IV. New Descriptive Tools for Private and Public International Law -- V. Windows, (De)coders and Travellers in Private and Public International Law -- VI. Public International Law -- VII. Concluding Remarks -- 3. 'International' Rules in an Internal Setting -- I. Introduction -- II. Case Study: The United Kingdom -- III. Conclusion -- Part II: Functional Commonalities in International Law -- 4. Jurisdiction: Betwixt Unilateralism and Global Coordination -- I. Introduction -- II. Jurisdiction: 'Many, Too Many, Meanings' -- III. Trends towards a Global 'System'? -- IV. Bases of Jurisdiction -- V. Jurisdiction in Private International Law: Global Connectivity and 'Justice Pluralism' -- VI. Public International Law Jurisdiction: Somewhere between Law and Power -- VII. Improving Coordination of Jurisdictional Frameworks in Private and Public International Law -- VIII. Conclusions -- 5. On the Dwindling Divide between the Public and Private: The Role of Soft Law Instruments in Global Governance.