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16 J. Priv. Int'l L. 1 (2020)

handle is hein.journals/jrlpil16 and id is 1 raw text is: 



Journal of Private International Law, 2020                           9  Routled ge
Vol. 16, No. 1, 1-30, https://doi.org/10.1080/17441048.2020.1744255     T*yor ancs Croup






  Regulation, global governance and private international law:
                            squaring the triangle

                               Matthias  Lehmann*

      Regulatory rules are omnipresent today. Increasingly, they also influence
      private rights and obligations, from employment contracts to competition
      law  and data protection. Private international law traditionally treats them
      with a certain reserve because they do not fit its paradigms of neutral and
      interchangeable rules of law. This article argues that it is time to change
      this attitude. Regulatory rules often protect global public goods, such as the
      environment, or shield against global bads, such as pandemics. Others serve
      aims  shared between  different countries, like the fight against money
      laundering and  tax evasion. For these reasons, administrative authorities
      around  the world  cooperate  in the enforcement  of regulation. Private
      international law should open up its methodology to this new reality. After
      exploring the traditional ways in which regulation has been dealt with, this
      article makes  concrete proposals for changes. Besides  overcoming  the
      public law taboo, these include the more liberal application of foreign
      public law  and foreign overriding mandatory  rules, the development of
      multilateral conflicts rules for  areas permeated   by  regulation, the
      recognition of foreign administrative decisions, and the development of a
      global public policy.

      Keywords:   overriding mandatory  rules; global public policy; local data
      theory; administrative decisions; governmental interest analysis; comity;
      regulatory private international law; environmental law; data protection;
      anti-money laundering





Recently,  private international law  (PIL), or conflict of laws, has  come  under
violent attack. It was criticised for having contributed little on global governance
issues such  as the equal  distribution of welfare, the fight against transnational
human   rights violations and the protection of collective planetary goods like the



*Director of the Institute of Private International and Comparative Law, Bonn (Germany).
This paper was presented at the Society of Legal Scholars Annual Conference on 3 Septem-
ber 2018 in London and at the Bi-annual Journal of Private International Law Conference
on 13 September 2019 in Munich. Helpful comments have been provided by Andrew Dick-
inson, Ralf Michaels, Stephen Pitel, Matthias Weller and two anonymous reviewers. The
author also wishes to thank Brian Thompson and Felix Krysa for reviewing the manuscript.
Email: matthias.lehmann@gmail.com.


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