Human Rights and Private International Law

ISBN-13: 9780199666409 / Angielski / Twarda / 2016 / 600 str.

James Fawcett; Maire Ni Shuilleabhain; Sangeeta Shah

Opis

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 in these 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 same sex 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 right to 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 the ECHR, such as Australia, Canada, New Zealand, and the United States.

Recenzje

To those who might regard human rights law and private international law as separate disciplines, we would recommend this book. Its aim, as the authors, James J Fawcett, Maire Ni Shuilleabhain and Sangeeta Shah explain, has been to produce the first comprehensive account of the relationship between these two pivotal areas of law, 'from an English law perspective.' The result is nothing if not innovative as the surprisingly close and important relationship between human rights law and private international law is carefully examined and analysed, extensively and in depth. Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers