LAW4652 - Transnational litigation - 2017

This unit compares rules of private international law of different jurisdictions. Private international law (or conflict of laws) is the body of rules applying to civil disputes with an international element. These are the rules on when a court is to assume jurisdiction, when a foreign judgment is to be recognised, and which law is to be applied to a dispute. Private international law is domestic law. Focusing on commercial disputes, this unit compares the private international law of Australia, Canada, the European Union, the UK and the US. This unit investigates case law, domestic legislation and regulations of the European Union, namely the Brussels I Regulation, the Rome I Regulation and the Rome II Regulation.

On completion of this subject, students will be able to:

1. Apply knowledge and understanding of commercial disputes involving a foreign element raises issues of private international law, and what those issues are, with creativity and initiative to new situations for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to how those issues would be approached by a court in Australia, Canada, the European Union and the US;
3. Conduct research into the theoretical and policy considerations underpinning the private international law of Australia, Canada, the European Union, the UK and the US, based on knowledge of appropriate research principles and methods;
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to analyse current rules of private international law and make suggestions for law reform.

Three short essays (1000 words each) 60%; Outline of Arguments (1200 words) 24%; and Reasons for Judgement (800 words) 16%

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Dr Normann Witzleb

For students who commenced their LLB (Hons) course in 2015 or later:

LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101 and LAW2102; LAW2201 and LAW2202 or equivalent

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

None