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Conflicts of Worldviews and Private International Law
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
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
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
Product details
| Published | 16 Apr 2026 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Extent | 336 |
| ISBN | 9781509978540 |
| Imprint | Hart Publishing |
| Series | Hart Monographs in Transnational and International Law |
| Publisher | Bloomsbury Publishing |
