Conflict of Laws

The Conflict of Laws, 5th Edition

Edited by Chris Clarkson · Jonathan Hill
Oxford University Press August 2016

Specifications

ISBN-13
9780198732297
Publisher
Oxford University Press
Publication
August 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Covers the basic principles of the conflict of laws in a succinct and approachable style making this an ideal introductory text
  • Explains complex points of law and terminology clearly and without oversimplification, offering both an authoritative and accessible approach to a subject which has changed greatly in recent years
  • Offers comprehensive coverage for undergraduate and postgraduate courses on the Conflict of Laws.
  • Provides analysis of existing legislation in addition to considering reform proposals and theoretical issues.

New to this edition

  • Restructured content better reflects the topic coverage of typical undergraduate courses in Conflict of Laws and allows for extended analysis of the most relevant topics
  • Expanded introductory chapter discusses the major changes to the subject and the theoretical issues surrounding it
  • Fully updated to reflect the emphasis on issues relating to jurisdiction and the recognition and enforcement of judgments in private international law
  • Completely re-written chapter on choice of law relating to non-contractual obligations (Rome II Regulation)
  • Substantially revised chapter on choice of law relating to contractual obligations in light of the Rome I Regulation
  • Revised chapters on habitual residence and matrimonial causes taking account of increasing case-law (both domestic and European) on the Brussels II Revised Regulation.

The fourth edition of this work provides a clear and up-to-date account of the private international law topics covered in undergraduate courses. Theoretical issues are introduced in the first chapter and, where appropriate, considered in greater detail 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 area of conflict of laws has undergone a profound change in recent decades. Much of the subject is now dominated by legislation, both domestic and European, rather than by case law. In practical terms, issues relating to jurisdiction and the recognition and enforcement of judgments have taken centre stage and choice of law questions have become of less practical importance.

These changing emphases in private international law are fully reflected in this book. The authors provide detailed analyses of the most important commercial topics (civil jurisdiction, the recognition and enforcement of foreign judgements, and choice of law relating to contractual and non-contractual obligations) as well as the most central topics in family law (marriage, matrimonial causes and property law).

Readership: Undergraduate and postgraduate students of private international law.

Table of Contents

1.: Introduction
2.: Civil jurisdiction
3.: Foreign judgments
4.: Contractual obligations
5.: Non-contractual obligations
6.: Domicile, nationality and habitual residence
7.: Marriage
8.: Matrimonial causes
9.: Property
Index;

About the Author

CMV Clarkson, Professor of Law, University of Leicester, and Jonathan Hill, Professor of Law, University of Bristol

Chris Clarkson is a Professor of Law at the University of Leicester. In addition to his conflict of laws book published by OUP, he has written several books on criminal law. In 2002 he was appointed as the National Expert for England and Wales to compile a report on the conflict of law rules on matrimonial property for an EU Commission-funded project and in 2007 was commissioned by the Ministry of Justice to adivse the Government on its response to the EU Green Paper on Matrimonial Property. He has also acted as Specialist Advisor to the Home Affairs and Work and Pensions Committees of the House of Commons examining the Draft Corporate Manslaughter Bill.

Jonathan Hill is a Professor of Law at the University of Bristol; he was Head of the School in 2000-2003 and again in 2009-10. He has written extensively in the field of private international law. His works include four editions of International Commercial Disputes (Hart Publishing), the most recent edition of which (with Adeline Chong) was published in 2010, Cross-Border Consumer Contracts (OUP, 2008) and numerous journal articles on topics ranging from choice of law in contract to the recognition of divorces under Irish law. He was also part of the editorial team for the 13th edition of Dicey and Morris on the Conflict of Laws (Sweet & Maxwell, 2000).

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