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 English 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 rights laid down under the EU Charter of Fundamental Rights and other international human rights instruments.
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
1. Introduction ; 2. Human Rights Law, Private International Law and their interaction ; 3. The right to a fair trial ; 4. The right to a fair trial and jurisdiction under the EU rules ; 5. The right to a fair trial and recognition and enforcement of foreign judgments under the EU rules ; 6. The right to a fair trial and jurisdiction under national rules ; 7. The right to a fair trial and enforcement and recognition of foreign judgments under the traditional English rules ; 8. The right to a fair trial and private international law: Summary of conclusions ; 9. Prohibition of discrimination and private international law ; 10. Freedom of expression and the right to respect for private life: International defamation and invasion of privacy ; 11. Human Rights of Family Members ; 12. Articles 8, 12 and 14 ECHR and Recognition of International Marriage ; 13. Freedom of Religion, Religious Discrimination and Recognition of Overseas Religious Marriage and Divorce ; 14. Respect for Private and Family Life and Child Abduction ; 15. The Rights of the Child and Judgments in Relation to Parental Responsibility ; 16. Protection of Property ; 17. Overall Conclusion
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