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Human Rights and Private International Law *

ISBN: 9780199666409

El precio original era: 208,00€.El precio actual es: 156,00€. IVA incluido

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Fecha de edición 01/06/2015
Número de Edición

1

Idioma

Formato

Páginas

900

Lugar de edición

Encuadernación

– Human Rights and Private International Law

A comprehensive analysis of the relationship between human rights and private international law

– Contains a focussed discussion of individual rights through human rights jurisprudence and the impact of this on aspects of private international law

– Looks at rights under the ECHR as well as rights guaranteed under national constitutions

– Written by specialists in both 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 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.

1. Introduction

2. Human rights, 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 recognition and enforcement of foreign judgments under the traditional english rules

8. The right to a fair trial and private international law: concluding remarks

9. The 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. The right to marry, the right to respect for family life, the prohibition on discrimiantion, and international marriage

12. Religious rights and recognition of marriage and extra-judicial divorce

13. Right to respect for family life the rights of the child: international child abduction

14. Right to respect for private and family life and related rights: parental status

15. The right to property, foreign judgments, and cross-border property disputes

16. Overall conclusions

James J. Fawcett, Professor of International Commerical Law, University of Nottingham, Máire Ní Shúilleabháin, Lecturer, School of Law, University College Dublin, and Sangeeta Shah, Associate Professor in Law, University of Nottingham.