Intermingled Rationalities in ‘Unsolvable Cases’

Brachotte, Sandrine
(2019) Global Private International Law. Adjudication without Frontiers — ISBN: [9781788119221], published

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  • Brachotte, Sandrineorcid-logoUCLouvain
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Abstract
In this comment, I suggest that Jivraj is an ‘unsolvable’ case. By this, I mean that the judicial reasoning employed at various levels of the courts up to the Supreme Court seems disconnected from the true issue at hand. Even if, arguably, the practical consequences of the decision appear fair and reasonable (although of course, there is controversy on this point), the underlying process ‘does not feel right.’ I further argue that the reason for this is the involvement in Jivraj of a complex intermingling of rationalities.37 In that perspective, this contribution examines whether private international law (or conflicts of law) techniques might enable us to see the situation in a better light.
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Brachotte, S. (2019). Intermingled Rationalities in ‘Unsolvable Cases’. In Horatia Muir Watt, Lucia Bíziková, Agatha Brandão de Oliveira & Diego Fernández Arroyo (eds) (ed.), Global Private International Law. Adjudication without Frontiers. Edward Elgar. https://hdl.handle.net/2078.5/239130