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Private International Law and Global Governance$
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Horatia Muir Watt and Diego P. Fernández Arroyo

Print publication date: 2014

Print ISBN-13: 9780198727620

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198727620.001.0001

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Can Private International Law Contribute to Global Migration Governance?

Can Private International Law Contribute to Global Migration Governance?

Chapter:
16 Can Private International Law Contribute to Global Migration Governance?
Source:
Private International Law and Global Governance
Author(s):

Sabine Corneloup

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0017

This chapter uses the theoretical framework based on the political notions of recognition and misrecognition in order to analyze the reception of Muslim talaq divorces in French courts. It provides a critical examination of the Cour de cassation’s decision in which the Court ruled that the foreign Muslim talaq divorce is contrary to public policy, and more specifically to the gender equality principle. The chapter argues that private international law practices constitute instances of political misrecognition since they fail to account for complex identities. Political misrecognition is illustrated by the incorporation within law of essentialized, that is narrow and demeaning, representations of Muslim culture and Muslim women’s identities, and by the enforcement of ethnocentric methodology, which denotes the application of domestic family law choices in the transnational realm.

Keywords:   political recognition, gender equality, talaq, public policy, identity

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