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Conflicts of laws and their solution.
This course is an introduction to private international law, also known as the conflict of laws. These terms generally to the resolution of trans-jurisdictional (private law) legal disputes.We will look at the main issues of substantive private international law and international procedural law in commercial or other civil litigation. As regards substantive private international law, we will examine how New Zealand courts and, if relevant, foreign courts determine the law governing particular disputes, a process known as the choice of law.In particular, we will look at the choice of law for personal status and family law matters, the law governing contractual and extra-contractual claims, and choice of law for equitable doctrines. As regards international procedural law, we will look at the international jurisdiction of New Zealand courts for international civil disputes, the enforcement of foreign judgments, and selected issues of international arbitration and its interaction with New Zealand conflict of laws.We will also look at how conflict-of-laws principles apply where the potentially applicable laws governing a dispute do not come from different jurisdictions but where different laws apply in one jurisdiction and their selection and/or application depends on something other than a traditional sovereignty-based territorial connecting factor.
On successful completion of this course, students should be able to: Identify and explain the methodology of choice of law, i.e. how courts tackle the determination of applicable law Identify and explain what main rules govern the determination of the applicable law in selected areas of private law Identify and explain the principles at play to determine whether a New Zealand court has international jurisdiction over a dispute Identify and explain the main rules governing the enforcement of foreign judgments or international arbitration awards in New Zealand.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Globally aware
Students will comprehend the influence of global conditions on their discipline and will be competent in engaging with global and multi-cultural contexts.
(i) LAWS101; and (ii) LAWS110
LAWS202-LAWS206
Jan Bornheim
The assessment in this course will be advised at the beginning of Semester Two.
A reading list with selected cases and articles and study questions will be provided on LEARN.
Domestic fee $790.00
International fee $3,600.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .