Module leader: Dr Jenny Papettas
Teaching and assessment (2018-19): 1 x 6,000 word essay
This module will focus on private international law as it relates to the following aspects of family law: marriage, divorce, maintenance and child custody. It will introduce students to the legal instruments, frameworks and institutions relevant to private international law at the regional and international levels.
Outline of topics to be covered:
- The module will deal with the international competence of courts and in particular the rules applied by the English Courts (including rules from EU law and other International Instruments) to determine whether they have jurisdiction to hear a case involving an international element.
- It will also deal with the question of the law that courts apply in determining a dispute that involves an international element. Will the court apply the law of its own country or the law of another country or some other law? Particular reference will be made to the rules that the English courts use (including rules from EU law) in making the choice of which law to apply to such a dispute.
- The module will consider the extent to which a judgment given by the courts of one country may be recognised and enforced in another country. This will be examined with particular reference to English and EU law.