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Borderlines in Private Law

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The Common Law Jurisprudence of the Conflict of Laws

Edited by: Sarah McKibbin, Anthony Kennedy

ISBN13: 9781509954278
Published: May 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition not yet published, ISBN13 9781509954315



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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 and South Africa.

Subjects:
Conflict of Laws
Contents:
1. Brook v Brook (1861) 9 HLC 193
2. Erie Railroad Co v Tompkins 304 US 64 (1938)
3. Vita Food Products Inc v Unus Shipping Co Ltd [1939] AC 277
4. International Shoe Co v Washington 326 US 310 (1945)
5. Bonython v Commonwealth of Australia [1951] AC 201
6. The Bremen v Zapata Off-Shore Company 407 US 1 (1972)
7. Attorney-General (UK) v Heinemann Publishers Australia Pty Ltd [1988] HCA 25; 165 CLR 30
8. Morguard Investments Ltd v De Savoye [1990] 3 SCR 1077
9. Tolofson v Jensen [1994] 3 SCR 1022
10. Kuwait Airways Corp v Iraqi Airways Co (Nos 4 and 5) [2002] 2 AC 883
11. Bid Industrial Holdings v Strang (2008) (3) SA 355 (SCA)
12. Vizcaya Partners Ltd v Picard [2016] 3 All ER 181