Description : The Conflict of Laws addresses the jurisdiction of Courts (and whether their judgments are enforced and recognised overseas) and the effect of foreign judgments in England (whether these are recognised and enforced) . It also looks at the principles of choice of law for cases with an international element for example contracts made or performed in other jurisdictions or with other parties, torts committed overseas or by foreign parties, international fraud, property sited overseas, and family and personal matters (including marriage, divorce, and financial support) across different jurisdictions.
Description : A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. Clear, informal, and even humorous, Examples & Explanations: Conflicts of Law, 3E, explores all of the topics covered in Conflicts courses, including personal jurisdiction and the Erie doctrine. It provides full treatment of traditional and modern approaches to choice of law and proof of law, with up-to-date coverage of constitutional limits. Big-picture overviews and accurate statement rules are reinforced with concrete examples and test-taking tips. The powerful Examples & Explanations pedagogy works especially well for Conflict of Laws where students gain understanding of rules and policies by applying them to new fact patterns. Summaries of leading cases found in most casebooks and a modular organization allows easy adaptation to any course. The Third Edition adds new Supreme Court decisions, provides a new chapter on transfers and forum non conveniens, and adds coverage of the new European Union rules on inheritance and wills. Features: Updated coverage of marriage and constitutional rights after Obergefell decision legalizing same-sex marriage. Eliminates consideration of authorities and policy debates that are dated or inaccurate after Obergefell. Revises personal jurisdiction chapters adding Supreme Court cases clarifying general jurisdiction based on significant contacts. Adds chapter on transfer and forum non conveniens discussing Supreme Court cases. Revises explanations to incorporate latest law from appellate courts.
Description : This invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect it will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations, the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation can often obscure the architecture of the subject and unnecessarily complicate its study. This new edition organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of the topic requires it to be interpreted as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing - and possibly for some time to come - the consequences of Brexit are a mystery, but the attempt is made to describe the various possible shapes which the subject will assume in the future. The book adopts a pragmatic approach and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and in giving legal advice.
Description : The fifth edition of Clarkson & Hill's Conflict of Laws provides a clear and up-to-date account of the private international law topics covered at undergraduate level. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented in an approachable style, offering clarity on complex points and terminology without over-simplification. The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the authors provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law. Written in a succinct and engaging style, Clarkson & Hill's Conflict of Laws continues to provide clear analysis of the key areas of debate across jurisdictions.
Description : Topics as diverse as the evolving spectrum of conflict, innovations in weaponry, automated and autonomous attack, the depersonalisation of warfare, detention operations, the influence of modern media and the application of human rights law to the conduct of hostilities are examined in this book to see to what extent existing legal norms are challenged. The book takes each topic in turn, explains relevant provisions of contemporary law and analyses exactly where the legal problem lies. The analysis then develops the theme, examining for example the implications of current rules as to deception operations for certain applications of cyber warfare. The text is written in an accessible style, and demonstrates the continuing relevance of established rules and the importance of compliance with them. Useful for academics, military, governments, ministries of defence, ministries of foreign affairs, libraries, diplomats, think tanks, policy units, NGOs, and all others with an interest in law of armed conflict issues such as journalists and students.