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2 Human Rights, Private International Law, and their Interaction

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: 02 December 2022

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

This chapter discusses the regimes of human rights law and private international law. Human rights are rights that have been recognised as universal to all humans by virtue of their inherent dignity. The current legal framework for protecting these rights operates at both international and national levels, and its application has far-reaching implications. This all-pervasive nature means that any rule of private international law has the potential to raise concerns in the enjoyment of human rights. However, there are rules of private international law in which humans rights can be said to have had an impact or should have an impact. The chapter explores two important aspects of the interaction between the two bodies of law: the issues that arise from the application of human rights law in private international law cases, and the clashes of obligations under human rights law and private international law.

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