The Common Law Jurisprudence of the Conflict of Laws

Description

This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The ‘unusual factual situations’ of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa. Foreword Editors’ Preface Table of Contents List of Contributors Table of Cases Table of Legislation 1. Brook v Brook: Rethinking Marriage Choice of Law I. Introduction II. Before Brook: The Law Applicable to Foreign Marriages III. Litigation in Brook IV. After Brook: The Law Applicable to Foreign Marriages V. Conclusion 2. The Mixed Blessing of Vita Food Products: The Impact and Influence of the Privy Council’s Decision I. Introduction II. Choice of Law before Vita Food III. The Decision in Vita Food IV. The Influence of Vita Food on Express Choice of Law V. Contractual Validity: English Law v Foreign Law VI. Renvoi VII. The Hague Rules, Uniformity and Public Policy VIII. Conclusion 3. Erie Railroad Company v Tompkins in a Private International Law Context I. Introduction II. Brandeis on Swift III. Erie Problems: The Essentials IV. The History of Erie Problems in a Private International Law Context 4. Good Stock? The Enduring Influence of the ‘Proper Law’ Rule in Bonython v Commonwealth of Australia I. Introduction: Financial Woe, Fundraising and Federation II. The JCPC's Reasoning in Bonython v Commonwealth of Australia III. The JCPC's Decision in Bonython: The Reasons Behind the Reasoning IV. The Influence of Bonython v Commonwealth of Australia on the Development of the Common Law Conflict of Laws V. Concluding Remarks 5. M/S Bremen v Zapata Off-Shore Company: US Common Law Affirmation of Party Autonomy I. Introduction II. Party Autonomy Today: The Context for a Retrospective Look at Choice of Court III. Choice of Court Prior to The Bremen IV. Zapata Off-Shore Drilling Company: Of Oil Rigs and Presidents V. The Bremen v Zapata Off-Shore Company VI. The Bremen and the Continued Development of US Common Law on Choice of Court Agreements VII. Conclusion 6. Lucy’s Argument: The Spycatcher Case in Australia I. A Style More Appropriate to Boys Own or Biggles II. Australian Legal Nationalism ... and a Nationalist III. The Law before Spycatcher IV. The Spycatcher Proceedings in Australia V. The Significance of Spycatcher 7. Conflicts and Public Law Concerns: A New Way of Conceiving the Conflict of Laws: Morguard Investments Ltd v De Savoye I. Introduction II. What did Morguard do? III. The Claim that Results should be Uniform V. Conclusion 8. Tolofson v Jensen: Reframing the Canadian Common Law Choice of Law Rule for Torts I. Tolofson v Jensen and Common Law Reasoning in Private International Law II. The Canadian Common Law before Tolofson III. The Cases Appealed in Tolofson v Jensen IV. The Judgment V. The Reasoning VI. The Legacy of Tolofson 9. The Limits of Our Tolerance for Acts of Foreign States: The Legacy of Kuwait Airways (Nos 4 and 5) I. Introduction II. Background III. Procedural History IV. In the House of Lords – Again V. Public Policy 10. Bid Industrial Holdings (Pty) Ltd v Strang and Another (Minister of Justice and Constitutional Development, Third Party): An Analysis I. Introduction II. Bid Industrial Holdings (Pty) Ltd v Strang III. Spiliada Maritime Corp v Cansulex Ltd IV. Multi-Links Telecommunications Ltd v Africa Prepaid Services Nigeria Ltd V. Current State of Forum (Non) Conveniens in South Africa VI. Conclusion 11. Re Flightlease and Common Law Judgment-Recognition in Ireland I. Introduction II. Irish Law Prior to the Flightlease Litigation: Rainford III. Flightlease in the Irish High Court IV. Flightlease in the Irish Supreme Court V. Subsequent Developments Post-Flightlease VI. Final Remarks 12. Vizcaya Partners Limited v Picard: Implications for the Recognition and Enforcement of Foreign Judgments at Common Law and Beyond I. Introduction II. The Common Law Prior to Vizcaya III. Vizcaya IV. The Significance of the Reasoning in Vizcaya V. Conclusion Index