
Contents
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I. The State-Centric and Public Law Focus of Jurisdiction I. The State-Centric and Public Law Focus of Jurisdiction
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II. Traditional Jurisdictional Grounds: Territoriality, Nationality, Universality II. Traditional Jurisdictional Grounds: Territoriality, Nationality, Universality
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III. Private Interests in Public Law Regulation III. Private Interests in Public Law Regulation
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IV. Private Law Regulation IV. Private Law Regulation
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IV.1. Private Interests in Private Law Regulation IV.1. Private Interests in Private Law Regulation
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IV.2. The Separation of Adjudicative and Prescriptive Jurisdiction IV.2. The Separation of Adjudicative and Prescriptive Jurisdiction
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IV.3. Additional Connecting Factors IV.3. Additional Connecting Factors
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IV.4. Techniques to Manage Potentially Conflicting Regulation IV.4. Techniques to Manage Potentially Conflicting Regulation
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V. Conclusions V. Conclusions
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14 Private Interests and Private Law Regulation in Public International Law Jurisdiction
Get accessAlex Mills, Professor of Public and Private International Law, University College London
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Published:04 October 2019
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Abstract
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.
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