- Department: The York Law School
- Module co-ordinator: Dr. Nicolas Rennuy
- Credit value: 20 credits
- Credit level: H
- Academic year of delivery: 2020-21
- See module specification for other years: 2018-19
How far does English law extend to people, companies and transactions located abroad? Is it possible to escape the reach of English law, simply by partly moving abroad, or even by contractually agreeing that foreign law will apply? When should well-advised actors (e.g. retailers) be allowed to shop for the laws that suit their needs best, possibly at the expense of others (e.g. consumers)?
These questions gain in importance as globalisation marches on. English and EU private international law provide answers. They determine (i) when English courts can hear a case; (ii) whether they should apply English law or foreign law; and (iii) whether foreign judgments can be recognised and enforced in England.
This module may appeal to students interested in international transactions or in the way the law manages globalisation, one of the major challenges of the 21st century.
|A||Spring Term 2020-21|
This module provides a grounding in private international law. It looks at the general part of private international law and at a number of case studies relating mostly to contracts. Cases with a foreign element raise interesting normative questions, which we will explore. For instance, should an English judge apply foreign law, even though it leads to an outcome that is contrary to the result that would have obtained under English law? Can a claimant sue in faraway courts, thereby putting the defendant at a significant disadvantage? Can a party enforce a judgment in England, even if it was obtained in a country with dubious procedural standards? While private international law is a mixture of English and EU law, students will be encouraged to think 'beyond the State', and to reflect on how English legal and policy choices can be realised in cases with a foreign element. Our discussions will be enriched by insights from other jurisdictions and from law and economics.
The module will be taught through lectures, seminars and self-directed study. The seminars will consist of case studies, normative discussions, and non-assessed student presentations.
By the end of the module, students should be able to:
Topics will include:
Themes will include:
|Task||Length||% of module mark|
A number of broad essay topics will be provided in the first half of Term 2. Students will write an essay on one of those topics or on another topic of their choice. They will have the opportunity of submitting an essay plan, on which they will receive written feedback.
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Students will receive informal feedback in lectures and seminars.
Individualised written feedback on the essay plan and the essay will be provided respectively within two weeks of submission and in Term 3.
Cheshire, North & Fawcett, Private International Law (15th edn, OUP 2017)
Hartley, Trevor C., International Commercial Litigation: Text, Cases and Materials on Private International Law (2nd edn, CUP 2015)
Ribstein, Larry E. and O’Hara, Erin A., The Law Market (OUP 2009)
Symeonides, Symeon C., Codifying Choice of Law Around the World: An International Comparative Analysis (OUP 2014)
Coronavirus (COVID-19): changes to courses
The 2020/21 academic year will start in September. We aim to deliver as much face-to-face teaching as we can, supported by high quality online alternatives where we must.
Find details of the measures we're planning to protect our community.