Studying at York
Private International Law - LAW00083M
- Department: The York Law School
- Credit value: 20 credits
- Credit level: M
- Academic year of delivery: 2022-23
- See module specification for other years: 2023-24
Module summary
How far does English law extend to people, companies and transactions located abroad? Is it possible to escape the reach of English law, simply by partly moving abroad, or even by contractually agreeing that foreign law will apply (e.g. clauses in the small print)? When should well-advised actors (e.g. retailers) be allowed to shop for the laws that suit their needs best, possibly at the expense of others (e.g. consumers)?
These questions gain in importance as globalisation marches on. Private international law (also known as 'conflicts of law') provides answers. It determines (i) when English courts can hear a case; (ii) whether they should apply English law or foreign law; and (iii) whether foreign judgments can be recognised and enforced in England.
This module may appeal to students interested in international transactions or in the way the law manages globalisation, one of the major challenges of the 21st century.
Professional requirements
N/A.
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Spring Term 2022-23 |
Module aims
This module provides a grounding in private international law. It looks at the general part of private international law and at a number of case studies relating mostly to contract and tort. Cases with a foreign element raise interesting normative questions, which we will explore. For instance, should an English judge apply foreign law, even though it leads to an outcome that is contrary to the result that would have obtained under English law? Can a claimant sue in faraway courts, thereby putting the defendant at a significant disadvantage? Or can a business enforce a clause in the small print stipulating that a consumer based in England can only sue it abroad? Can a party enforce a judgment in England, even if it was obtained in a country with dubious procedural standards? The focus will be on English private international law (some of which was originally EU law), but we'll draw on the law of other countries (e.g. US). Students will be encouraged to think 'beyond the State', and to reflect on how English legal and policy choices (e.g. consumer or environmental protection) can be realised in cases with a foreign element. Our discussions will be enriched by insights not only from other jurisdictions but also from law and economics.
The module will be taught through lectures, seminars and self-directed study. The seminars will consist of case studies, normative discussions, and non-assessed student presentations.
Module learning outcomes
By the end of the module, students should be able to:
- demonstrate an in-depth knowledge and understanding of selected aspects of private international law, including a critical awareness of current issues and developments in the subject
- apply rules to actual and fictitious scenarios
- identify and critically evaluate competing interests and values, drawing upon doctrinal, comparative and economic insights
- reflect upon the roles and strategies of private and public actors
- develop coherent written arguments on selected contemporary topics within private international law
Module content
Topics will include:
- jurisdiction
- the recognition and enforcement of foreign judgments
- the choice of law: general issues; varieties of conflict rules; contracts; torts
Themes will include:
- the tension between conflicts justice (designating the legal order that is most closely connected to the case) and substantive justice (designating the ‘best’ legal order, or favouring certain parties);
- party autonomy and its limits (in particular relating to the interests of consumers and employees);
- the private goals of private international law (e.g. protecting legitimate expectations) and its public goals (e.g. allocating regulatory competence in an appropriate manner);
- regulatory competition (legal orders compete for mobile actors);
- unity and diversity (the unification of private international law; private international law as an instrument for coordinating legal diversity).
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Special assessment rules
None
Additional assessment information
Students will write an essay on an essay question or another topic of their choice (subject to prior approval by the module leader).
They will have the opportunity of submitting an essay plan, on which they will receive written feedback.
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Module feedback
Students will receive informal feedback in lectures and seminars.
Individualised written feedback on the essay plan and the essay will be provided.
Indicative reading
Symeonides, Symeon C., Codifying Choice of Law Around the World: An International Comparative Analysis (OUP 2014)
Hartley, Trevor C., International Commercial Litigation: Text, Cases and Materials on Private International Law (2nd edn, CUP 2015)
Ribstein, Larry E. and O’Hara, Erin A., The Law Market (OUP 2009)
Cheshire, North & Fawcett, Private International Law (15th edn, OUP 2017)