Ferrari, Franco; Fernandez Arroyo, Diego P. --- "Introduction" [2019] ELECD 2898; in Ferrari, Franco; Fernandez Arroyo, P. Diego (eds), "Private International Law" (Edward Elgar Publishing, 2019) 1

Book Title: Private International Law

Editor(s): Ferrari, Franco; Fernández Arroyo, P. Diego

Publisher: Edward Elgar Publishing

Section Title: Introduction

Author(s): Ferrari, Franco; Fernández Arroyo, Diego P.

Number of pages: 4

Extract:

Introduction
Franco Ferrari and Diego P. Fernández Arroyo

The idea to gather a number of outstanding scholars to discuss the current role of
private international law (PIL) from a global perspective first came to us during our
daily coffee breaks around NYU in April 2015. We took advantage of these breaks to
discuss ­ among a multitude of topics ­ possible events and publications. A subject
which came up often was the evolution of PIL and, more concretely, its ability to
handle contemporary and truly international problems and challenges. We were of
course referring to the (often harsh, sometimes even destructive) criticism which
classical PIL now repeatedly faces, and to the corresponding proposals aimed at
radically changing its very foundations. After lengthy discussions, we agreed that ­
regardless of our respective positions in respect of said criticism and the proposed new
foundations ­ PIL will continue to offer concrete answers for a vast array of
transboundary relations on a daily basis.
The fact is that, beyond all the reasonable and less reasonable complaints against
PIL, private international relationships keep on multiplying and diversifying. Trad-
itional (and allegedly general) methodologies have proven incapable of providing both
satisfactory explanations and generally acceptable solutions. In short, multilateralism
and unilateralism have had their respective moments, but both have failed to convince
from a global perspective in terms of fairness. The substantive approach or the
constructions based on comparative methodology, once proposed as superior options,
may indeed claim this title in very specific fields and under a very ...