Between flexibility and certainty: navigating between hard law and soft law in private international law

Marta Pertegás Sender*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

This chapter is part of a collective endeavour seeking to present a state-of-the-art overview of research and current thinking in private international law (PIL). It examines how this legal discipline navigates between hard and soft law, how this distinction relates to the dichotomy of legal rules and standards, and what the methodological significance of soft PIL in the contemporary setting is. It concludes that the development of PIL by means of soft law is a characterizing feature of our current pluralistic and decentralized PIL.
Original languageEnglish
Title of host publicationResearch Methods in Private Internaitonal Law
EditorsXandra Kramer, Laura Carballo Pi-eiro
Place of PublicationCheltenham/Northampton
PublisherEdward Elgar Publishing
Chapter5
Pages73–86
ISBN (Electronic)9781800375536
ISBN (Print)9781800375529
DOIs
Publication statusPublished - 14 May 2024

Publication series

SeriesHandbooks of Research Methods in Law

Keywords

  • soft law
  • hard law
  • legal rules
  • legal standards
  • legal sources
  • non-binding private international law

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