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Conflict of Laws as Taxonomy: A New Approach
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Conflict of Laws as Taxonomy: A New Approach

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Overview
Published July 2015 (LexisNexis)
ISBN: 9780409340280. Soft Cover.
Description

Conflict of Laws as Taxonomy: A New Approach

Conflict of Laws as Taxonomy: A New Approach offers a unique analytical and doctrinal approach to the conflict of laws. Its purpose is to review and assess the traditionally accepted methodology and taxonomy used in the resolution of cross-jurisdictional matters and to suggest alternative ways in which such matters may be classified, with resulting practical application to the conduct of cross-border disputes.

The author of this text provides a fresh comparative approach towards key issues, as well as examining the various theories that have been devised to explain the ways in which different approaches have been justified. This comparative discussion highlights the strengths and weaknesses of particular jurisdictions’ treatment of the conflict of laws and uses this to develop an understanding of these differences. This is essential knowledge in preparing for the jurisprudential approach likely to be applied in those jurisdictions in overseas practice and litigation. Of particular relevance is the consideration of the divergence between courts in the United Kingdom (because of its membership of the EU), the United States (which has, for nearly 200 years pursued a more jurisprudential approach) and Australia.

In the current environment of increasing globalisation, the book will be of great benefit to practitioners and litigators involved in cross-jurisdictional matters, while its scholarly and authoritative analysis will engage and inform researchers and students of conflict of laws, comparative law and jurisprudence.

Features

     •     Unique analytical and doctrinal approach to conflict of laws
     •     Detailed comparative examination of the approaches across UK, US and Australian jurisdictions
     •     Extensive review of case law

AUTHOR

Frank Bates is a Professor Emeritus of Law at the University of Newcastle Law School and an Adjunct Professor of Law and former Dean of the University of Tasmania. He was a former Fulbright Scholar and has an extensive publication record of books, articles, book chapters and notes published in Australia and internationally.


TABLE OF CONTENTS

Chapter 1    An Introduction To The Topic
Chapter 2    Substance And Procedure: Part 1
Chapter 3    Substance And Procedure: Part 2
Chapter 4    Where From …? A Theoretical Excursus
Chapter 5    Relative Interfaces: Part 1
Chapter 6    Relative Interfaces: Part 2
Chapter 7     The Taxonomy Of Taxonomy

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