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1 Introduction

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 01 July 2022

Subject(s):
Family law — EU Rules — Traditional rules — Establishing jurisdiction — Judgments and orders

This introductory chapter provides an overview of the central themes of the book as well as its scope and structure. This book examines the impact of human rights law on private international law and vice versa, with a focus on private international law cases and instruments. Given that it remains unclear whether private international law is compatible with human rights law, the starting point of the analysis is that no human rights instrument has provisions on private international law. Moreover, most international human rights bodies, such as the European Court of Human Rights (ECtHR), are not empowered to interpret private international law rules any more than any other substantive rules of law.

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