James J Fawcett, Máire Ní Shúilleabháin and Sangeeta Shah, Human Rights and Private International Law
| Author | |
| Published date | 01 May 2018 |
| DOI | 10.3366/elr.2018.0493 |
| Pages | 315-317 |
| Date | 01 May 2018 |
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
The text then turns to the recognition and enforcement of foreign judgments under the Brussels Regime. The discussion pre-dates the Grand Chamber decision in
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