The area of conflict of laws has undergone a profound change in recent decades. Much of the subject is now dominated by international conventions and legislation, rather than by case law. In practical terms, issues relating to jurisdiction and the recognition and enforcement of judgments have taken centre stage and choice of law questions have become of more secondary importance. These changing emphases in private international law are fully reflected in this book. The aim of the book is to provide a clear, up-to-date account of those topics in private international law which are covered in typical undergraduate courses. The book provides a detailed analysis of not only the most important commercial topics (civil jurisdiction, the recognition and enforcement of foreign judgments, choice of law in contractual and non-contractual obligations, and arbitration) but also the most relevant aspects of family law (marriage, matrimonial causes and children) and property law. Theoretical issues, introduced to the reader in the first chapter, are considered in greater detail at the end of the book.Previously entitled Jaffey on the Conflict of Laws the book continues to offer an ideal introduction to this complex and ever-changing subject.
Table of Contents
1. Introduction; 2. Domicile and other personal connecting factors; 3. Civil jurisdiction; 4. Foreign judgments; 5. Contractual obligations; 6. Non-contractual obligations; 7. Arbitration; 8. Marriage; 9. Matrimonial causes; 10. Children; 11. Property; 12. The choice of law process revisited; INDEX
Professor Chris Clarkson is Dean of the Faculty of Law at the University of Leicester. In 2002 he was appointed as the National Expert for England and Wales to compile a report on the conflict of law rules on matrimonial property for an EU Commission-funded project. Professor Clarkson has also written a number of texts on Criminal Law. Jonathan Hill is a Professor of Law at the University of Bristol and has written previously on international commerical disputes and property law.