Conflict of laws within the UK
Author(s)
Bibliographic Information
Conflict of laws within the UK
(Oxford private international law series)
Oxford University Press, 2007
Available at 12 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. [257]-270) and index
Description and Table of Contents
Description
This is the first major treatment of the conflict of laws within the UK, a subject often dealt with only incidentally in the main texts on private international law. In particular, the book examines the effect of the UK's changing constitutional arrangements on questions of jurisdiction, choice of law and issues of recognition and enforcement which arise within the UK.
The book offers practical guidance on the applicable rules in intra-UK conflicts situations with sections devoted to forum shopping within the UK, and other procedural matters. A chapter is also included on the impact of EU legislation on intra-UK conflicts, concluding with a discussion on how "Europeanization" might affect the conflict of laws in the UK. There is also coverage of how public policy functions in the conflict of laws. The book's approach to the treatment of intra-UK conflicts is
enhanced by a comparative analysis of the recent response of Canada and Australia to, respectively, interprovincial and interstate conflicts.
Table of Contents
- Introduction
- 1. Roots and context of the conflict of laws within the UK
- Introduction
- Necessary conditions for the development of the conflict of laws
- Barriers to the development of conflict of laws rules
- Failure of seventeenth century political changes to remove the underlying need for conflict rules
- Early development of conflict rules within the British Isles
- Conclusion
- 2. The constitutionalization of conflicts within the UK
- The constitutionalization of conflicts
- The constitutionalization of conflicts prior to the devolution settlements
- The constitutionalization of conflicts and the devolution settlements
- Undesirability of further constitutionalization of conflicts
- Conclusion
- 3. The internalization of conflicts within the UK
- The internalization of conflicts
- UK common market law
- Recognition and enforcement
- Internalization of conflicts and judge-made law
- Conclusion
- 4. The application of conflict rules within the UK
- Introduction
- Similarity of conflict rules within the UK
- Procedural matters
- Status
- The laws of property and succession
- Tort and delict
- Intra-national forum shopping in the UK
- The effect of the new constitutional arrangements on intra-national conflicts in the UK
- Conclusion
- 5. The impact of European Union legislation on intra-UK conflict rules
- Introduction
- Jurisdiction
- Choice of law
- Recognition and enforcement
- Europeanization: the beginning of the end for conflict of laws?
- 6. Public policy in intra-UK conflict of laws
- The different facets of public policy
- Underlying public policy and internal public policy in the UK
- The application of external public policy within the UK at common law
- The availability of external public policy objections under statute within the UK
- Constitutionalization and external public policy
- Community public policy
- Human rights
- Conclusion
- 7. Conclusion
- Development of conflict rules in the UK
- Dealing with intra-national conflicts
- Scope of traditional conflict rules in intra-national disputes in the UK
- Public policy
- The impact of European Union membership
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