Conflicts of Worldview and the Conflict of Laws
A Case for Decolonial Plurality of Law in Europe
Conflicts of Worldview and the Conflict of Laws
A Case for Decolonial Plurality of Law in Europe
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Description
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
Part I: Conflicts of Worldviews Before Western Courts: Case Studies
1. Jivraj v Hashwani: Religious Arbitration
2. Ktunaxa v British Columbia: Sacred Land in Indigenous Ontologies
3. SMUG v Lively: Sexual Minorities in the Global South Facing Faith-based Politics from the Global North
Part II: Learning from the Case Studies: A Plural PIL Framework in Europe
4. For a Plural Theory of Choice of Court
5. For a Plural Conception of Foreign Law
6. For a Plural Conception of International Jurisdiction
Conclusion: Elements of a Theory of Decolonial Private International Law in Europe
Product details
| Published | 28 May 2026 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Extent | 336 |
| ISBN | 9781509978533 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Series | Hart Monographs in Transnational and International Law |
| Publisher | Bloomsbury Publishing |
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