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.
Author(s): Sarah McKibbin; Anthony Kennedy (editors)
Publisher: Hart Publishing
Year: 2023
Language: English
Pages: 290
City: Oxford
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
