Conflict of Laws

Conflict of Laws
Author: Maebh Harding
Publisher: Routledge
Total Pages: 368
Release: 2013-10-08
Genre: Law
ISBN: 1134594259

Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional study Further developments addressed in the fifth edition include: • The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property. • Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted Reproduction Conflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.

Policy and Pragmatism in the Conflict of Laws

Policy and Pragmatism in the Conflict of Laws
Author: Michael J. Whincop
Publisher: Routledge
Total Pages: 219
Release: 2018-02-06
Genre: Law
ISBN: 1351787276

This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

The Conflict of Laws

The Conflict of Laws
Author: Adrian Briggs
Publisher: Oxford University Press
Total Pages: 467
Release: 2024-03-07
Genre: Law
ISBN: 0198895585

The Conflict of Laws provides an introduction and analysis of the rules of private international law as they apply in England, describing the topic's three distinct branches comprising the conflict of jurisdictions, the conflict of judgments, and the conflict of laws. The volume covers a broad range of topics, from examining different jurisdictions, the law applicable to contractual and non-contractual obligations, to the impact of foreign judgements and more. Following a significant period of uncertainty as depicted in the previous edition, this new fifth edition represents the subject as it has settled in the aftermath of the post-Brexit upheaval. It seeks to illustrate how the retained (or assimilated) EU law has been integrated into the overall structure of private international law as it evolved in common law, and to assess the extent to which the nature of the subject has been altered or otherwise affected by the Brexit changes. The areas in which reform or other development may be needed are identified. However, the theme throughout is that the theoretical underpinnings of the subject are strong, if not always appreciated, are rational and robust. It is designed to explain why the detailed rules which make up a subject - which may appear at first sight to be complex - are sensible and coherent.

Conflict of Laws

Conflict of Laws
Author: John O'Brien
Publisher: Routledge
Total Pages: 735
Release: 1999-04-30
Genre: Law
ISBN: 1135349959

Introducing conflict of laws, this text considers the problems and the possibilities of conflict adjudication before examining the major areas of conflict law: jurisdiction and the recognition of judgements, the law of obligations, family law and the law of property.

Essays in International Litigation for Lord Collins

Essays in International Litigation for Lord Collins
Author: Jonathan Harris
Publisher: Oxford University Press
Total Pages: 449
Release: 2022-11-30
Genre:
ISBN: 0192867989

This collection is in honour of the remarkable career of Lord Collins. The book offers a set of unique insights into the conduct of cross-border litigation; the judicial role in international cases; the shape of English private international law; the conduct of international arbitration; and the interface with public international law.