This module will focus on private international law. It will introduce students to the legal instruments, frameworks and institutions relevant to private international law at the regional and international levels. Indicative topics include: the international competence of courts and in particular the rules applied by the English Courts (including rules from EU law) to determine whether they have jurisdiction to hear a case involving an international element. The question of the law that courts apply in determining a dispute that involves an international element. Will the court apply the law of its own country or the law of another country or some other law? Particular reference may be made to the rules that the English courts use (including rules from EU law) in making the choice of which law to apply to such a dispute. The module may consider the extent to which a judgment given by the courts of one country may be recognised and enforced in another country. This will be examined with particular reference to English and EU law. The module may deal with relevant international institutions and the instruments they produce (such as international conventions) in the field of private international law.
Learning Outcomes
By the end of the module students should be able to:
Analyse problems involved in litigating civil matters with international sets of facts;
Examine critically the questions of (a) when the courts of a country will have competence to hear a case with a foreign element, (b) what law the court will apply to resolve such a dispute and (c) whether the courts of one country will recognise and enforce a judgment given by the courts of a foreign state;
Critically evaluate the role and effectiveness of regional and international institutions and the instruments they develop in the field of private international law.
