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Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah


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 covers these areas. This book considers and analyses 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. Focusing 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.

Bibliographic Information

James Fawcett, author

Máire Ní Shúilleabháin, author

Sangeeta Shah, author

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