- Copyright Page
- Table of Cases
- Table of Legislation
- List of Contributors
- Introduction: Defining State Jurisdiction and Jurisdiction in International Law
- The Beginnings of State Jurisdiction in International Law until 1648
- The <i>Lotus</i> Case in Context: Sovereignty, Westphalia, Vattel, and Positivism
- The European Concept of Jurisdiction in the Colonies
- Immanuel Kant and Jurisdiction in International Law
- Navigating Diffuse Jurisdictions: An Intra-State Perspective
- Jurisdictional Pluralism
- Deepening the Conversation between Socio-Legal Theory and Legal Scholarship about Jurisdiction
- Critical Approaches to Jurisdiction and International Law
- Cosmopolitan Jurisdiction and the National Interest
- Jurisdictional Immunities of the State in International Law
- The Establishment, Change, and Expansion of Jurisdiction through Treaties
- Territoriality and Globalization
- Private Interests and Private Law Regulation in Public International Law Jurisdiction
- Jurisdiction and State Responsibility
- Enforcing Criminal Jurisdiction in the Clouds and International Law’s Enduring Commitment to Territoriality
- The ‘J’ Word: Driver or Spoiler of Change in Human Rights Law?
- International Investment Law, Hybrid Authority, and Jurisdiction
- Conceptions of State Jurisdiction in the Jurisprudence of the International Court of Justice and the Permanent Court of International Justice
- The Evolving Nature of the Jurisdiction of the Security Council: A Look at Twenty-First-Century Practice
- International Criminal Jurisdiction
- Jurisdiction and International Territorial Administration
Abstract and Keywords
This chapter focuses on private interests and private law regulation in public international law jurisdiction, and discusses how questions of private law are generally marginalized in favour of a focus on public law, particularly criminal law. This is surprising and unfortunate for two main reasons. The first is that private law issues played a central role in the development of public international law jurisdictional principles. The second is that public international lawyers have, in a range of other contexts, increasingly recognized the significance of private law regulation, and the ‘public’ function which it can play in pursuing particular state interests. Recognizing the significance of private law jurisdiction presents, however, some important challenges to the way in which public international law jurisdiction has become to be understood.
Alex Mills is Professor of Public and Private International Law in the Faculty of Laws, University College London. His research encompasses a range of issues across public and private international law, including international investment law and commercial arbitration. His publications include The Confluence of Public and Private International Law (Cambridge University Press, 2009), Party Autonomy in Private International Law (Cambridge University Press, 2018), and (co-authored) Cheshire North and Fawcett’s Private International Law (Oxford University Press, 2017).
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