Conflict of laws within the UK

Author(s)

• Hood, Kirsty J.

Bibliographic Information

Conflict of laws within the UK

Kirsty J. Hood

（Oxford private international law series）

Oxford University Press, 2007

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

by "Nielsen BookData"

Details

• NCID: BA83437123
• ISBN:
  • 9780199202454
• LCCN: 2007034969
• Country Code: uk
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Oxford [UK] ; New York
• Pages/Volumes: xlix, 282 p.
• Size: 24 cm
• Classification:
  • LCC : KD680
  • DC22 : 340.90941
• Subject Headings:
  • LCSH : Conflict of laws -- Great Britain
• Parent Bibliography ID:
  • BA83812550