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Details
- A single resource providing a discussion of the theory and practice of intra-UK conflicts issues in one volume
- Analysis of issues structured and presented clearly to enable rapid identification and understanding of the relevant rules and principles
- Consideration of the impact of EU legislation and the devolution of powers from Westminster on intra-UK conflicts issues
- Special chapter focusing upon public policy issues affecting intra-UK conflicts
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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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
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Kirsty J Hood, Advocate at the Scottish Bar
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"This book is an extremely important and welcome contribution to the literature on the criminal process s"
