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date: 06 July 2022

Abstract and Keywords

This chapter reflects on the relation between transnational law and conflict of laws. Whereas the methodology of transnational law is, to a certain extent, in line with new approaches on conflict of laws seeking to find solutions for conflict of laws in a context of increasing global governance, the transnational method seems less compatible with classical choice-of-law methodology used in Japan and would therefore bring serious challenges to Japanese conflict of laws. To respond to these challenges, the chapter proposes identifying the specific situations in which a classical approach might still work and those in which it might bring an undesirable solution for global governance, before considering a complete change of the choice-of-law method. Finally, the chapter suggests that conflict of laws as a methodology could provide transnational law with fresh techniques to resolve conflict of norms in an era of global legal pluralism.

Keywords: transnational law, conflict of laws, private international law, Japan, globalization, global governance, global legal pluralism

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