730-404 Private International Law

Credit Points

Coordinator

Prerequisites

History and the Philosophy of Law; Torts and the Process of Law; Contracts.

Semester

Contact

Subject Description

Private International Law (sometimes called Conflict of Laws) deals with the situation where a private legal dispute litigated in a court of the forum has an international or interstate element. The course deals with the principles in relation to three main matters. First, the circumstances when the court exercises jurisdiction. Secondly, the circumstances in which a foreign or interstate judgement will be recognised or enforced by the courts of the forum. Thirdly, the rules which govern which law should apply to the resolution of the dispute in contracts, torts, property and either matrimonial proceedings or succession (and the associated personal connecting factor of domicile). Whether the application of the relevant principles differ as between international and interstate disputes (including the role of full faith and credit), characterisation, the distinction between substance and procedure and the interpretation of the statutes of the forum, are considered in the course of dealing with the issues mentioned above. The course also covers renvoi and the non-application of foreign law on grounds of public policy.

Assessment

Either Research Assignment not exceeding 2500 words (25%) and Final Exam 2 1/4 hours (75%) or Final Exam 3 hours (100%).