Conflicts of Worldview and the Conflict of Laws - Brachotte, Sandrine
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This book connects European private international law with decolonial theory. Decolonial theory calls for alternative modes of producing legal knowledge - ones that give greater weight to the worldviews of formerly colonised peoples across the globe, including in Europe. At the same time, private international law has been described as a particularly suitable field for welcoming more otherness (altérité) in European law. This book therefore develops a decolonial theory of European private international law. To do so, it begins with Western court cases involving what the author terms a…mehr

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Produktbeschreibung
This book connects European private international law with decolonial theory. Decolonial theory calls for alternative modes of producing legal knowledge - ones that give greater weight to the worldviews of formerly colonised peoples across the globe, including in Europe. At the same time, private international law has been described as a particularly suitable field for welcoming more otherness (altérité) in European law. This book therefore develops a decolonial theory of European private international law. To do so, it begins with Western court cases involving what the author terms a 'conflict of worldviews': a clash between the legal frameworks governing the dispute and the worldviews of the formerly colonised parties involved, referred to here as 'postcolonised worldviews'. Through three case studies - respectively addressing religious arbitration, Indigenous sacred land, and faith-based politics - the book demonstrates that courts routinely overlook these conflicts. As a result, the claims of formerly colonised parties are inadequately addressed. To remedy this structural discrimination within European private international law, the book proposes a pluralised theory of choice of court, foreign law, and international jurisdiction, more inclusive of the postcolonised worldviews present in the case studies. This is an important work, thought-provoking and challenging, which should be read by private international law and comparative law scholars, and more generally by legal and non-legal scholars interested in legal theory and decoloniality.
Autorenporträt
Sadrine Brachotte teaches Legal Theory at Saint-Louis University, Brussels, Belgium.