About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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. © 2020 Informa UK Limited, trading as Taylor & Francis Group

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most