Conflicts of Worldviews and Private International Law

Name: Conflicts of Worldviews and Private International Law
Brand: Hart Publishing
SKU: 9781509978533
Price: 1261.00 HKD
Availability: PreOrder
Author: Sandrine Brachotte
ISBN: 9781509978533

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

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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.

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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