Coming Soon Conflicts of Worldviews and Private International Law
Conflicts of Worldviews and Private International Law

Law

Conflicts of Worldviews and Private International Law

By Sandrine Brachotte
Coming Soon Hart Publishing Available September 2026

Specifications

ISBN-13
9781509978533
Publisher
Hart Publishing
Publication
September 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

This book connects private international law with decolonial theory.

Succinctly put, this theory calls for an alternative production of knowledge which follows non-Western sources. The author examines 3 case studies: namely religious arbitration, Indigenous sacred land, and faith-based politics, to illustrate how poorly postcolonial claims are served by Western state courts. To address this, the book proposes an alternative theory to re-empower non-Western worldviews while considering distinct instances of vulnerability.

This is an important work, thought-provoking and challenging, which should be read by all private international law scholars.

Table of Contents

Introduction

Part One: Conflicts of Worldviews Before Western Courts: Case Studies
1. Jivraj v Hashwani: Religious Arbitration
2. Ktunaxa v British Columbia: Indigenous Sacred Land
3. SMUG v Lively: Faith-Based Politics

Part Two: From Cases to Theory: Decolonising Private International Law
4. Party Autonomy as Normative Affiliation
5. (International) Public Policy as Eco-Spirituality
6. International Jurisdiction to Protect Postcolonial Minorities Against Transnational Actors

Conclusion
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