Advanced private international law 700
Associate Professor M Davies
One 2-hour seminar weekly over 13 weeks * First semester
This subject comprises two parts. Part I examines the theory and technique of choice of law. Part II looks at international attempts to unify private international law, particularly the work of the Hague Conference on Private International Law. Australia is a member of the Hague Conference and has implemented some of its conventions. Part 1 - Theory: purpose and goals of choice of law; early development and classical theories; modern American approaches. Technique: classification; renvoi; the incidental question; the time factor; statutes and the choice of law rules; the false conflict; depecage. Part II - The Hague Conference on Private International Law: its nature and work and examination of some recent conventions. It is highly desirable that students should have studied LAW4156 (Conflict of laws 415) at an undergraduate level before attempting this subject.
Assessment
Research essay (6000 words maximum): 60% * Take-home examination: 40%