Conflict of Laws. Jurisdiction of Courts: Personal. Jurisdiction Exists despite Departure of Defendant from Forum with Intent to Establish Domicil Elsewhere

1950 ◽  
Vol 63 (8) ◽  
pp. 1441
Keyword(s):  
Conflict Of Laws ◽  
Personal Jurisdiction

scholarly journals The Conflicts Restatement and the World

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 155-160 ◽  
Author(s):  
Ralf Michaels
Keyword(s):  
Supreme Court ◽  
Court Decisions ◽  
International Conflicts ◽  
Conflict Of Laws ◽  
The World ◽  
Supreme Court Decisions ◽  
Personal Jurisdiction

Some sixteen years ago, on the occasion one of many symposia on the possibility of a new Restatement on Conflict of Laws to replace the much-derided Second Restatement, Mathias Reimann suggested that a new Restatement should focus on the requirements of what he called “the international age.” Conflict of laws is increasingly international, he pointed out. This remains true today—just recall that three of the four recent U.S. Supreme Court decisions on personal jurisdiction concerned international conflicts. A new Restatement must take that into account. Reimann formulated three very sensible wishes for drafters of a new Restatement: they should consider every rule and principle they formulate with international disputes in mind; they should work comparatively; and they should include foreign advisers.

THE COURT'S IN PERSONAM JURISDICTION IN CASES INVOLVING FOREIGN LAND

2014 ◽  
Vol 63 (1) ◽  
pp. 103-135
Author(s):  
Jack Wass
Keyword(s):  
English Court ◽  
Conflict Of Laws ◽  
Contractual Obligation ◽  
Foreign Land ◽  
English Law ◽  
Personal Jurisdiction ◽  
Prevailing View

AbstractThe Moçambique rule provides that an English court may not adjudicate on title to foreign immovable property. This article considers the primary exception to that rule: where the court assumes jurisdiction in personam to enforce a contractual or equitable claim concerning foreign immovable property against a defendant subject to the court's personal jurisdiction. It addresses two questions: how should the English court decide whether to assume jurisdiction in relation to foreign land, and if the positions are reversed, should an English court recognize or enforce the order of a foreign court affecting English land? As to the first question, this article argues that the orthodox English approach is anachronistic. English law applies the lex fori exclusively to determine whether an obligation exists which the court has jurisdiction to enforce. Instead, modern conflict of laws principles demand that the court should apply the proper law of the substantive claim in determining whether a sufficient equitable or contractual obligation exists. As to the second question, this article argues that despite the prevailing view that foreign non-money judgments are not enforceable in England, foreign orders in relation to English land are in principle entitled to recognition in a subsequent action in England by the successful claimant.

Choice of Law and Conflict of Laws

2017 ◽  
Author(s):  
Erin O'Hara-O'Connor
Keyword(s):  
International Relations ◽  
Law And Economics ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Recognition And Enforcement ◽  
Sovereign Authority ◽  
Jurisdictional Competition ◽  
Governing Law ◽  
Personal Jurisdiction ◽  
State Incentives

This chapter explores the contribution of law and economics to conflict of laws, including choice of law, personal jurisdiction, and judgment recognition and enforcement. Consistent with developments in the literature, the majority of discussion focuses on choice of law, or how best to allocate sovereign authority over governing law when private disputes involve people or events that span multiple states or nations. The tension between private and state interests and the contributions of jurisdictional competition are considered, as is state incentives to cooperate, harmonize, and/or reciprocate in each of the substantive areas covered. Both federalism and international relations issues are briefly discussed.

scholarly journals Covenant Marriage and the Conflict of Laws

2015 ◽  
pp. 815 ◽  
Author(s):  
Lily Ng
Keyword(s):  
United States ◽  
Divorce Rate ◽  
The United States ◽  
Current Form ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Covenant Marriage ◽  
Forum Non Conveniens ◽  
Substantive Law ◽  
Personal Jurisdiction

Recently, three American stales introduced covenant marriage as a new form of marriage in response to the rising divorce rate. The author examines the threedistinguishing characteristics of covenant marriage that distinguish it from the current form of marriage offered in the United States and Canada. For the United States, the author canvasses the possibility of separating jurisdiction from choice of law. separating subject matter jurisdiction from personal jurisdiction, and recognition of the parties' intent, as three possible alternatives that non-covenant marriage states can utilize in order to respect the parties' intentions and the covenant marriage state's legislative intent. For Canada, the author canvasses the possibility that while Canada could take jurisdiction on the "ordinarily resident" basis, they may refuse jurisdiction on the basis of <i>forum non conveniens</i> or, alternatively, that they may apply the substantive law of the covenant marriage state on the basis that the Declaration of Intent signed by the parties represents an express choice of law clause.

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