Conflict of Laws

Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? This second edition addresses these questions in a concise overview of the field.

Also in print: KE470.A6 W34 2005 LAW (Reserve).
This text provides a scholarly yet practical analysis of the vast and continuously growing body of common law, legislation and treaties and conventions that govern private international law as it is applied in Canada.

This book is part of the Essentials of Canadian Law series.
This treatise explains and analyzes the rules of the conflict of laws in force in common law Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders, whether international or interprovincial.

Halsbury's Laws of Canada is a comprehensive legal encyclopedia that delivers an authoritative and reliable statement of Canadian law. This volume is specific to Conflict of Laws.

This book presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

This book investigates the ability of private international law (PIL) to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts, and PIL in international arbitration.

This book examines the three key issues in civil litigation: taking jurisdiction over a dispute, recognizing and enforcing judgment of a foreign court, and identifying the law to be applied in resolving a dispute. This fifth edition also investigates the historical and theoretical underpinnings of private international law, exploring its constitutional implications and its intersections with public policy. The three key issues are explored in the areas of torts, contracts, and unjust enrichment, as well as in property law and succession, and family law.

This book is structured in three thematic sections. The first section explores the divide between public and private approaches to public international law (PIL) regulation and research, covering human rights perspectives and key private initiatives in regulation. Moving on to address classical and modern research methodologies in PIL, the second section examines comparative law, empirical, economic and technical approaches and considers the influence of technology. The final section concludes with a discussion of crucial societal and educational aspects of PIL.