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Human Rights and Private International Law

Oxford Private International Law Series

Format: Hardback
Publisher: Oxford University Press, Oxford, United Kingdom
Published: 23rd Jun 2016
Dimensions: w 190mm h 247mm d 50mm
Weight: 1622g
ISBN-10: 0199666407
ISBN-13: 9780199666409
Barcode No: 9780199666409
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Synopsis
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.

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What Reviewers Are Saying

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Aug 13th 2016, 22:52
EXAMINING THE RELATIONSHIP BETWEEN PRIVATE INTERNATIONAL LAW AND HUMAN RIGHTS LAW:
Awesome - 10 out of 10
EXAMINING THE RELATIONSHIP BETWEEN PRIVATE INTERNATIONAL LAW AND HUMAN RIGHTS LAW:
THE FIRST COMPREHENSIVE STUDY

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

To those who might regard human rights law and private international law as separate disciplines, we would recommend this book. Its aim, as the authors, James J Fawcett, Maire Ni Shuilleabhain and Sangeeta Shah explain, has been to produce the first comprehensive account of the relationship between these two pivotal areas of law, ‘from an English law perspective.

The result is nothing if not innovative as the surprisingly close and important relationship between human rights law and private international law is carefully examined and analysed, extensively and in depth.

The publication of this book addresses the question of whether private international lawyers (who primarily are concerned with commercial matters) should increase their familiarity with human rights law and vice versa. The answer here is obviously a resounding ‘yes’, except that the reasons and the justifications as to why, are not quite so simple. Indeed, it would take a whole book to cover this wide-ranging and complex subject – and here it is.

But rather than functioning as a mere comparative study of these two areas of law, the book seeks to explore the linkages and overlaps between them. ‘While… the impact of human rights law is patchy,’ say the authors ‘and generally undeveloped as an area of inquiry, consideration of the impact of private international law on human rights law, whether actual or potential is almost non-existent.’

The book in other words, demands that readers should consider private international law, not in isolation, but in the light of its influence upon and effect upon -- issues of human rights.

Published by the Oxford University Press, the title is a recent addition to the OUP’s Oxford Private International Law Series, the general editor of which is Professor James J Fawcett who is also one of the book’s co-authors.

Interestingly, the book has been researched and written thanks to an award of a fellowship from the Leverhulme Trust. The result is a significant contribution to the study of this hitherto neglected subject.

The book is reassuringly structured for ease of use with numbered paragraphs throughout and a detailed table of contents and index. With the exception of the introduction, which offers an English and European perspective, each of the subsequent sixteen sections features an introduction and conclusion.

Researchers and academics will appreciate the extensive footnoting and the detailed tables of cases and of statutory instruments, plus the tables of secondary European legislation and also of treaties, conventions and international instruments.

The authors have stated the law as at October 2015 but we now anticipate more than a few changes in the legal landscape over the next few years. The consensus seems to be at the moment that post Brexit, the aim will seek to retain those measures emanating from the European Union that suit us, while discarding those that don’t.

The role of the lawyer within this new dispensation will be to advise on the many legislative areas where European law has been incorporated into English law and it is assumed at the moment, that the relationship between international law and human rights law is hardly likely to change in the near future. Nonetheless, we will look forward to the new post-Brexit edition of this book.
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To those who might regard human rights law and private international law as separate disciplines, we would recommend this book. Its aim, as the authors, James J Fawcett, Maire Ni Shuilleabhain and Sangeeta Shah explain, has been to produce the first comprehensive account of the relationship between these two pivotal areas of law, 'from an English law perspective.' The result is nothing if not innovative as the surprisingly close and important relationship between
human rights law and private international law is carefully examined and analysed, extensively and in depth. * Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers *