The Common Law Jurisprudence Of The Conflict Of Laws

This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.

This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.

This book is a revised updated version of the General Course of Lectures on Private International Law delivered at the Hague Academy of International Law in 1990. The overall purpose is to examine the development & reform of choice of law rules in a number of common law jurisdictions. Much has been written about the 'Revolution' in conflict of laws in the U.S.A.; rather less account, however, has been taken of the major changes elsewhere in the common law world. This work serves to provide a critical account of those developments over the past few decades. Some changes are more recent & of international origin, such as the European Community Rome Convention (1980) on the law applicable to contractual obligations or the Hague Conventions on Child Abduction (1980), on Marriage (1978) & on Succession (1988), & consideration is given to their impact on common law jurisdictions. The process of change is a continuous one & attention is also devoted to current proposals for reform in the fields, for example, of domicile & torts.

Reprint of the eighth and last edition. Along with William Kent, Joseph Story [1779-1845] shares the distinction of having had the greatest influence on American law during the nineteenth century. Marvin considers Story's Conflict of Laws to be the first systematic work on the subject. Story collected material from all available sources, and systematized it in a manner useful to all practitioners. "No work on international jurisprudence merited, nor received, greater praise from the jurists of Europe. It impressed English lawyers with the highest respect for the extensive learning of Mr. Justice Story.": Marvin, Legal Bibliography (1847) 670-671.

This invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect it will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations, the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation can often obscure the architecture of the subject and unnecessarily complicate its study. This new edition organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of the topic requires it to be interpreted as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing - and possibly for some time to come - the consequences of Brexit are a mystery, but the attempt is made to describe the various possible shapes which the subject will assume in the future. The book adopts a pragmatic approach and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and in giving legal advice.