LS4533: PRIVATE INTERNATIONAL LAW (2016-2017)

Course Aims

To build on the knowledge of private international law gained in LS2507/2532. In particular, to focus on the contribution of international instruments to private international law in the United Kingdom and Europe. In doing so the working methods of and the significance for private international law of the Hague Conference on Private International Law and the European Union will be assessed. Specific conventions and EU Regulations in the areas of child abduction, maintenance and jurisdiction and recognition and enforcement of judgments in civil and commercial matters will be analysed. A possible future Convention on surrogacy will be considered.

Main Learning Outcomes

Knowledge and Understanding

1. A good comprehension of the role of the Hague Conference on Private International Law in making international conventions.
2. A good understanding of the competence of the European Union to make private international law.
3. A very good knowledge of the Hague Convention on child abduction and of the impact of the EU Brussels IIa Regulation on child abduction.
4. Understand the main features of the Hague Maintenance Convention and the EU Maintenance Regulation.
5. Have a detailed grasp of the special contract jurisdiction in the Brussels I Regulation.
6. Have a good comprehension of the options for a future Convention on international surrogacy arrangements.

Subject-Specific Skills and Concepts

1. Differentiate between and use appropriate primary and secondary sources and identify and retrieve up-to-date legal information using paper and electronic sources
2. Use recognised methods of citation
3. Use sources to support arguments and conclusions
4. Recognise, analyse, and rank arguments and evidence in terms of relevance and importance by managing volume of legal sources and select key material to construct written or oral answers to a legal problem
5. Identify the legal problem from information provided
6. Address problems by reference to relevant material
7. Bring together, integrate, compare and synthesise information and materials from a variety of different sources, which explore policy and doctrinal issues
8. Be able to find in paper form legislative and case law materials in the Law Library
9. Present arguments for and against propositions
10. Be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments
11. Apply knowledge and analysis creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law
12. Think critically and make critical judgements on the relative and absolute merits of particular arguments and solutions and make choices as to the most preferable
13. Communicate orally and in writing (and electronically where appropriate) using English language by creating work in a permanent format that is understandable by the intended audience (through submission of exam answers, essays, samples thereof and participating in tutorial discussion)
14. Communicate in plain English, with legal terminology only as needed
15. Display informed knowledge and understanding of the social, economic, moral and ethical contexts in which law operates by demonstrating legal knowledge in association with related policy, underlying social conditions, professional ethical issues and moral issues.

Key Skills (Transferable)

1. Communicate orally and in writing
2. Ability to work effectively in small groups to contribute to the group’s task
3. Ability to work independently, to organise and manage time, stress and effort in performance of tasks
4. Problem solving skills
5. Critical analysis
6. Logical argument
7. An ability to synthesise and organise complex materials and arguments
8. With limited guidance act independently, and where appropriate as part of team, in planning and undertaking tasks
9. Conduct formal and informal oral presentations
10. Make appropriate use of technology in research, writing and oral presentations
11. Reflect on own learning and to seek and make use of feedback.

Content

The contributions of international conventions to United Kingdom Private International Law. The working methods of and significance for Private International Law of the Hague Conference on Private International Law and the European Union. The Hague Conventions on child abduction, choice of court cases and possible international solutions at the Hague

Information on contact teaching time is available from the course guide.

More Information about Week Numbers

1st Attempt: 1 three-hour examination (100%). Resit: Normally, no resit is available.

At least one 2,500 word essay.