This module examines the concepts, theories, rules, models and principles of Conflict of Laws as they relate to commercial relationships, transactions and disputes. Focusing on litigation, it considers relevant international conventions, regional instruments, model laws, legal guides, restatements of law, national law and other sources of rules and principles governing transborder commercial relationships, transactions and disputes. It then investigates how Conflict of Laws has developed to balance international or transnational commercial concerns with national approaches in determining appropriate jurisdiction and choice of law and in recognising and enforcing foreign judgments.
The module critically examines theoretical debates and doctrines of Conflict of Laws in the light of existing transnational and national approaches and practical cases. It draws on materials and practices from different national jurisdictions and international or transnational institutions and reflects some degrees of comparative analysis. No pre-requisites or co-requisites are required.