units

LAW4652

Faculty of Law

Undergraduate - Unit

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

LevelUndergraduate
FacultyFaculty of Law
OfferedMalaysia Term 3 2014 (Day)

Synopsis

This unit compares rules of private international law of different jurisdictions. Private

international law (or conflict of laws) is the body of rules applying to civil disputes with an international element. These are the rules on when a court is to assume jurisdiction, when a foreign judgment is to be recognised, and which law is to be applied to a dispute. Private international law is domestic law. Focusing on commercial disputes, this unit compares the private international law of Australia, Canada, the European Union, the UK and the US.

This unit investigates case law, domestic legislation and regulations of the European Union, namely the Brussels I Regulation, the Rome I Regulation and the Rome II Regulation.

With regard to the jurisdictions covered, the following issues are investigated:

  • the history, nature and sources of private international law;
  • the theoretical and policy considerations underpinning private international law;
  • the rules on the courts' jurisdiction in commercial disputes with an international element, including the restraint of foreign proceedings;
  • the rules on recognition and enforcement of foreign judgments in commercial disputes;
  • the general choice-of-law process;
  • the specific rules on the determination of the law applying to claims in contract and tort.

Outcomes

On completion of the unit, a student should be able to:

  • identify when a particular commercial dispute involving a foreign element raises issues of private international law, and what those issues are;
  • advise on how those issues would be approached by a court in Australia, Canada, the European Union and the US;
  • explain the theoretical and policy considerations underpinning the private international law of Australia, Canada, the European Union, the UK and the US;
  • critically analyse current rules of private international law and make suggestions for law reform
  • undertake independent research on a topic of private international law

Assessment

Three short essays (1000 words each) 60%; Outline of Arguments (1200 words) 24%; and Reasons for Judgement (800 words) 16%

Chief examiner(s)

Workload requirements

9 hours (if taught over 4 weeks)

Prerequisites

LAW2101 Contract A and LAW2102 Contract B, or an equivalent introductory course in contract law at another university; LAW2201 Torts A and LAW2202 Torts B, or an equivalent introductory course in contract law at another university.

Co-requisites

None

Prohibitions

None