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(Mis)recognition : essay on transnational law, identities and marginalization

Abstract : The broad questions this work is addressing are the following: How are the contemporary struggles for recognition by marginalized identity groups affecting legal practices used by domestic judges in order to resolve questions related to the competent forum, applicable law and legal recognition of foreign judgments? In order to answer these and other related questions, the present study analyzes the interplay between PIL legal practices and human rights norms, in the light of the political notion of recognition and misrecognition that I borrow from political philosophy. The broad argument that I make is the following: the processes of adjudicative decision-making in the transnational context that are traditionally regulated by private international law are conducive to instances of political misrecognition. Misrecognition casts light on instances in which legal transnational practices enforce the political failure to accept the stigmatized individual and to interact with him or her on an equal footing. This argument will be examined using three specific legal questions: the legal recognition of the Muslim talaq divorces in French courts; the recognition of legal transnational effects of same-sex unions and adoption by same-sex couples, and the recognition of indigenous peoples’ land claims.
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Submitted on : Monday, April 11, 2022 - 2:50:39 PM
Last modification on : Monday, April 25, 2022 - 4:20:36 PM

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Ivana Isailovic. (Mis)recognition : essay on transnational law, identities and marginalization. Law. Institut d'études politiques de Paris - Sciences Po, 2014. English. ⟨NNT : 2014IEPP0004⟩. ⟨tel-03637255⟩

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