The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws
Bibliographic Data
| ID | 9929135 |
|---|---|
| Authors | Trevor C Hartley (corresponding author) |
| Year | 2005 |
| Volume | 54 |
| Issue | 4 |
| Pages | 813-828 |
| Publication date | 2005-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1093/iclq/lei038 |
| OpenAlex | W2060600918 |
| Language | EN |
| Citations received | 5 |
English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure
Business · Choice of Law · Common law · Conflict of laws · European union · International trade · Jurisdiction · Legislation · Legislature · Political science · Conflict of Laws and Jurisdiction · Law · Legal principles and applications
| Citations per year | 0.26 |
|---|---|
| Citation span | 2007 - 2015 (9) |
| Highly cited | No |