Conflict of Laws 5th ed
Published: September 2013
Country of Publication: UK
This updated fifth edition of Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England.
Recent years have seen an increased 'Europeanization' of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV, and the proposed Succession Regulation.
Further developments addressed in the fifth edition include:
- The use of common law doctrines in EU cases eg - West Tankers.
The EU imperative for family relationships to be recognized across the EU in the context of citizen's rights.
- Civil Partnership/ recognition of same sex partnership.
- Rome III, Rome IV and the distinction between maintenance and matrimonial property.
- Adoption, Parental Responsibility and International Child Abduction
- Surrogacy and Assisted Reproduction, which currently causes many difficult conflicts of law issues and is ripe for international regulation.
As future EU regulation of private international law seems set to continue apace, Harding has restructured the text so that students learn the certain, rules-based approach of EU regulation first, before moving on to study the more flexible common law approaches.