Description du livre
The operation of conflict of law rules within the UK have changed drastically since the first edition of Conflict of Laws Within the UK published in 2007. Constitutional developments including the establishment of the UK Supreme Court, the UK's withdrawal from the European Union, and the growing relevance of the Hague Conventions, have intensified the need for an up-to-date resource on the theory and practice of intra-UK conflict issues.
In this comprehensive new edition, Kirsty Hood explores how the UK's atypical constitutional arrangements effect the treatment of traditionally private international law issues when these arise intra-nationally in the UK. Restructured into easily navigated sections, this edition examines key issues including jurisdiction, the choice of law, the recognition and enforcement of judgments, the operation of public policy, and procedural matters. Offering practical guidance on the applicable rules in intra-UK conflicts, it also grounds this discussion within historical contexts. Additionally, it highlights the theoretical frameworks underpinning the treatment of issues which-in an international cross-border situation-would typically be resolved by way of conflict of law rules. This investigation is further enhanced by a comparative analysis of the response of Canada and Australia to, respectively, interprovincial and interstate conflicts, raising questions about whether solutions adopted by these countries could contribute to the conflict of laws within the UK and vice-versa.
This new edition also incorporates recent case law and legislative changes, including modifications to the Scotland Act 1998, Government of Wales Act 2006, and Northern Ireland Act 1998, as well as post-Brexit constitutional developments such as the United Kingdom Internal Market Act 2020. It is an essential reference for practitioners engaged in litigation or constitutional law.