Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

James J Fawcett, Máire Ní Shúilleabháin and Sangeeta Shah, Human Rights and Private International Law

Document Cited authorities 6 Cited in Related
Author
DOI10.3366/elr.2018.0493
Published date01 May 2018
Date01 May 2018
Pages315-317

Human rights law is an area readily able to capture both the imagination of students and the attention of tabloid headlines. The same, unfortunately, is not true for international private law (“IPL”). This book takes on the daunting task of exploring the complex intersection between those two areas. It proceeds through the various rights protected by the European Convention on Human Rights (“ECHR”) and the Charter of Fundamental Rights of the European Union and examines the impact, actual and potential, of those rights on rules of jurisdiction, choice of law, and foreign judgments across the commercial and family aspects of IPL.

The first third of the book is devoted to the right to a fair trial. With a mix of irony and misfortune, the book was published on the same day that the United Kingdom voted to leave the European Union (“EU”). However, as the national Scottish rules of civil and commercial jurisdiction found in Schedule 8 to the Civil Jurisdiction and Jurisdiction Act 1982 are based upon the 1968 Brussels Convention, the analysis of the Brussels I Recast contained within Chapter four should retain some value come what may. This is subject to the caveat that the doctrine of forum non conveniens may offer a corrective in the situations where the authors identify potential compatibility issues with certain of the jurisdictional bases (86–88). Chapter four also identifies potential problems with the compatibility of the matrimonial...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT