Chapter of Book
Savigny, private international law, globalization, sovereignty
Conflicts of Law | Courts | International Law | Jurisdiction | Law
How can conflict of laws respond to the challenges from globalization? Some argue that state-based approaches like governmental interest analysis are inadequate, and advocate a return to the approach taken by the German scholar Savigny in the 19th century. The article shows that the assumption is correct: state-based approaches have indeed become problematic. However, a return to Savigny's approach will not help: While Savigny's approach is multilateral and pays little regard to governmental interest, closer analysis reveals how central the state is to his theory. The consequences are shown in an analysis of a recent European case. It follows that we will have to think more radically about proper conflict of laws responses to globalization if we want to overcome the centrality of the state.
Globalizing Savigny? The State in Savigny's Private International Law and the Challenge from Europeanization and Globalization, in Aktuelle Fragen zu politischer und rechtlicher Steuerung im Kontext der Globalisierung 119-144 (Michael Stolleis & Wolfgang Streeck eds., Nomos, 2007)