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Law 221 - European Private International Law

(half unit in 1st term)

Convenor

Richard Oppong

Private international law, also referred to as conflict of laws, is that part of private laws of a national legal system that deals with matters involving a foreign element. The foreign element may be the law of a foreign country, an act done within a foreign country or a natural or legal person from another country. Three principal issues are addressed by the subject. These are jurisdiction, choice of law and the recognition and enforcement of foreign judgments.

This course will examine the rules developed by the European Union to govern these issues. In an era of increasing internationalisation of legal problems, knowledge of how these issues are addressed is indispensable in successful legal practice. The course is divided into four broad topics. The first part will be devoted to the nature, theories and conceptual issues in private international law. The second a part will deal with jurisdiction in civil and commercial matters. The third part will deal with choice of law in contract and tort and the final part will examine the enforcement of judgments in civil and commercial matters

Assessment:

Coursework 40% Examination 60%

Recommended Reading

There is no course core text but the following texts are useful:

P. Stone, EU Private International Law: Harmonisation of Law (Edward Elgar Pub. 2006)

L. Collins (ed), Dicey, Morris and Collins on the Conflict of Laws ( London , Sweet and Maxwell, 2006)

P.M. North and J.J. Fawcett, Cheshire and North's Private International Law (London: Butterworths 1999)

D. McClean, Morris: Conflict of Laws ( London , Sweet and Maxwell, 5th ed, 2000)

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