Kirsty Hood

The Conflict of Laws Within the UK

• Gebundenes Buch

Produktbeschreibung

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.

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This book examines both the theory and practice of the conflict of laws within the UK, focusing on the increasing significance of the impact of EU legislation, and the effect of the UK's changing constitutional arrangements.

Produktdetails

• Verlag: Oxford University Press, USA
• Seitenzahl: 334
• Erscheinungstermin: 7. Dezember 2007
• Englisch
• Abmessung: 234mm x 156mm x 19mm
• Gewicht: 644g
• ISBN-13: 9780199202454
• ISBN-10: 0199202451
• Artikelnr.: 23141491

Autorenporträt

Kirsty Hood is an Advocate at the Scottish Bar, in general civil practice (including personal injury, commercial, property and succession law) with a particular interest in private international law issues. She has a PhD (University of Glasgow); thesis entitled The effect of constitutional relations between Scotland and England on the conflict of laws relations: a Scottish perspective.

Inhaltsangabe

* 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