Human Rights and Private International Law

Hardcover | July 23, 2016

byJames Fawcett, Maire Ni Shuilleabhain, Sangeeta Shah

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Examining the impact, both actual and potential, of human rights concerns on private international law as well as the oft overlooked topic of the impact of private international law on human rights, this work represents an invaluable resource for all those working or conducting research inthese areas.Human Rights and Private International Law is the first title to consider and analyse the numerous private international law cases discussing human rights concerns arising in the commercial law context, alongside high profile cases dealing with torture (Jones v. Kingdom of Saudi Arabia) and samesex marriage (Wilkinson v Kitzinger).The right to a fair trial is central to the intersection between human rights and private international law, and is considered in depth along with the right to freedom of expression; the right to respect for private and family life; the right to marry; the rightto property; and the prohibition of discrimination on the ground of religion, sex, or nationality. Focussing on, though not confined to, the human rights set out in the ECHR, the work also examines the influence of human rights on private international law in countries which are not a party to theECHR, such as Australia, Canada, New Zealand, and the United States.

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Examining the impact, both actual and potential, of human rights concerns on private international law as well as the oft overlooked topic of the impact of private international law on human rights, this work represents an invaluable resource for all those working or conducting research inthese areas.Human Rights and Private Internatio...

James Fawcett is a Professor of International Commerical Law at the University of Nottingham. Maire Ni Shuilleabhain is a Lecturer in the School of Law at University College Dublin.

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Format:HardcoverDimensions:1000 pages, 9.21 × 6.14 × 0.1 inPublished:July 23, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199666407

ISBN - 13:9780199666409

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Table of Contents

1. Introduction2. Human Rights, Private International Law, and Their Interaction3. The Right to a Fair Trial4. The Right to a Fair Trial and Jurisdiction Under the EU Rules5. The Right to a Fair Trial and Recognition and Enforcement of Foreign Judgments Under the EU Rules6. The Right to a Fair Trial and Jurisdiction Under National Rules7. The Right to a Fair Trial and Enforcement and Recognition of Foreign Judgments Under the Traditional English Rules8. The Right to a Fair Trial and Private International Law: Concluding remarks9. The Prohibition of Discrimination and Private International Law10. Freedom of Expression and the Right to Respect for Private Life: International Defamation and Invasion of Privacy11. The Right to Marry, the Right to Respect for Family Life, the Prohibition on Discrimination and International Marriage12. Religious Rights and Recognition of Marriage and Extra-judicial Divorce13. Right to Respect for Family Life and the Rights of the Child: International Child Abduction14. Right to Respect for Private and Family Life and Related Rights: Parental Status15. The Right to Property, Foreign Judgments, and Cross-border Prroperty Disputes16. Overall Conclusions