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AffordableAlbuquerque2438

Uploaded by AffordableAlbuquerque2438

National University of Singapore

Marcus Teo

Tags

conflict of laws international law legal studies

Summary

This is a lecture on the conflict of laws, focusing on private international law and the process for resolving international legal disputes. It covers the jurisdiction, choice-of-law, and enforcement of foreign judgements stages. The lecture is aimed at postgraduate legal studies students.

Full Transcript

The Conflict of Laws A portion of the Part B Contemporary Legal Knowledge & Practice Module Marcus Teo, Sheridan Fellow, NUS Law Introduction What is the Conflict of Laws? The law of each domestic legal system that determines how private law disputes with international elements should be resolved...

The Conflict of Laws A portion of the Part B Contemporary Legal Knowledge & Practice Module Marcus Teo, Sheridan Fellow, NUS Law Introduction What is the Conflict of Laws? The law of each domestic legal system that determines how private law disputes with international elements should be resolved Also called “private international law” A body of “secondary rules” – rules to determine which other rules should apply The Conflicts Process Four Stages Jurisdiction (jurisdictional rules on service out, submission and jurisdiction clauses) Interlocutory stage (protective measures like anti-suit injunctions) Merits (choice of law rules) Post-trial (recognition and enforcement of foreign judgments) Scope This is an introductory course covering: The bare essentials of the conflicts process … … focusing on select common law conflict of laws rules … … applicable in disputes involving contract and tort claims. Overview of Lectures Introduction Choice of Law Jurisdiction Anti-Suit Injunctions Foreign Judgments How to study Reading lists are short and precisely tailored – but you must read the cases (lectures will not go through facts and reasoning in detail) Study in tandem with the relevant portions of the civil procedure module Get a feel for the conflicts methodology - conflicts rules are not rules of decision, but rules about who gets to decide

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