The Future of Private International Law in the Context of Global Legal Pluralism

Abstract

As a result of moving the political power of the state as the former, the end of the theory-based law on the state, and the start of the start of new theories of the law, based on legal pluralism (Global legal pluralism) a multiplicity of power centers in the world , and the multiplicity of entities producing legislation, known in the contemporary jurists of philosophy of law as postmodernism law (Droit post-moderne) , which is something to wonder about the developments that will hit the theory of law in general, and international law branches of public and private, so that the public international law was based on centering around the state as a pivot of persons of this law, also the private international law, who depends on the savigny approach of conflict of laws, has also in the framework based on state law, since it dealt with the phenomenon of conflict between all states laws, the solutions adopted on the idea of the state entirely dependent, so the question arises about the developments both laws will hit post the fall of the central state, and the emergence of new political entities of power in the world other than the state, it will remain within the public international law as it is linked to the state only? And how can the private international law should continue to approach of conflict based mainly on the resolution of the conflict between states laws? While the fact that there are new types of laws began to appear on the horizon, as a natural result of the multiplicity of producing legislation centers in the world, is it will withstand the general theory of conflict of laws in front of it, or are we facing a range unprecedented for conflict of laws, needs to approach new and different mechanisms radically from the traditional curriculum. However we cannot get an answer to the previous questions, without being exposed to how the political power of the state moved to other entities, and what are these entities and the impact of this moving on the theory of law in general , then show the impact of these changes on the legislative power of the state and the emergence of new models of laws, then finally we will try to explore features of the scope of international law branches of public and private, after the political power of the state moved to other entities, and the multiplicity of entities producing legislation in the world, , and tries to find out a new approach in private international law which is adopting with the new scope of conflict of laws in the context of Global legal pluralism, so we will divide the study plan to the following detective firstly Move of the political power of state within the framework of Globalization, secondly The fragmentation of legislative power - global legal pluralism, finally The scope of international law within the context of Global legal pluralism.