Human Rights and Private International Law
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.
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Human Rights and Private International Law
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.
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Human Rights and Private International Law

Human Rights and Private International Law

Human Rights and Private International Law

Human Rights and Private International Law

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Overview

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.

Product Details

ISBN-13: 9780199666409
Publisher: Oxford University Press
Publication date: 08/16/2016
Series: Oxford Private International Law Series
Pages: 974
Product dimensions: 6.90(w) x 9.80(h) x 2.00(d)

About the Author

James Fawcett, Professor of International Commerical Law, University of Nottingham,Maire Ni Shuilleabhain, Lecturer, School of Law, University College Dublin,Sangeeta Shah, Associate Professor in Law, University of Nottingham

Table of Contents

1. Introduction2. Human Rights Law, 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: Summary of conclusions9. Prohibition of discrimination and private international law10. Freedom of expression and the right to respect for private life: International defamation and invasion of privacy11. Human Rights of Family Members12. Articles 8, 12 and 14 ECHR and Recognition of International Marriage13. Freedom of Religion, Religious Discrimination and Recognition of Overseas Religious Marriage and Divorce14. Respect for Private and Family Life and Child Abduction15. The Rights of the Child and Judgments in Relation to Parental Responsibility16. Protection of Property17. Overall Conclusion
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