Conflicts of Worldviews and Private International Law

Brachotte, Sandrine
(2025) ISBN: [9781509978533], accepted/in-press

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  • Brachotte, Sandrineorcid-logoUCLouvain
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Abstract
This book builds on the Phd thesis defended at Sciences Po in 2022 (see the summary in this application file). It aims to lay the groundwork for a European PIL framework that takes into account the existence of “conflicts of worldviews” presented today before Western courts and that seeks to deal with it in line with the paradigm of decoloniality. These conflicts arise in disputes when the claim of at least one party reflects a worldview different from the one underpinning domestic (Western) law. They can happen in civil and commercial matters, as well as in personal and family matters. The paradigm of decoloniality highlights the marginiality of the worldviews of peoples colonised by European powers and aims at restoring their agency on the global level. The book answers the question as to how such restoration can take place by altering PIL theory, rules and reasoning in international, EU, Council of Europe and European state law.
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Brachotte, S. (2025). Conflicts of Worldviews and Private International Law. Hart Publishing. https://hdl.handle.net/2078.5/240027