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Unit of study_
LAWS2018: Private International Law A
2024 unit information
Private international law (or conflict of laws) is the part of municipal law in every developed legal system which is concerned with legal issues which have a connection with a foreign legal system. In essence, private international law is concerned with the transnational dimension of private law as where, for example, proceedings are brought in New South Wales for a tort committed in Malaysia, or for breach of a contract to be performed in New York or against a defendant in the People's Republic of China. This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Recognition and enforcement of foreign judgments; and (9) Comparative aspects of private international law.
Unit details and rules
Managing faculty or University school:
Law
| Code | LAWS2018 |
|---|---|
| Academic unit | Law |
| Credit points | 6 |
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Prerequisites:
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None |
|---|---|
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Corequisites:
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None |
| Prohibitions:
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LAWS5017 |
| Assumed knowledge:
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None |
At the completion of this unit, you should be able to:
- LO1. Identify and analyse the problems, methods and techniques of private international law (which is concerned with cross-border or transnational legal questions)
- LO2. Interpret and apply the rules of private international law to various civil and commercial scenarios.
- LO3. Construct legal arguments in relation to the core areas of private international law: jurisdiction, choice of law and enforcement of foreign judgments
Unit availability
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Modes of attendance (MoA)
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