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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