Conflicts, also known as Private International Law, looks at the unique legal problems that arise when a court must decide a case which involves an element of foreign law. The foreign element may arise either out of a connection with a different country, ie another sovereign state, or it may arise out of a dispute which crosses state boundaries within a federation. The main objectives of this unit are to give students an appreciation of the theory of international conflicts law and a sound practical understanding of the techniques involved in resolving problem cases that arise in private international law, both in Australian and international courts.
The unit content focuses on the four main issues that arise out of the necessity for interaction between different legal systems. They involve arguments about: the factors connecting a case to the law of another state; whether the court has jurisdiction and whether the court is an appropriate forum to hear a case; the choice of the proper law to apply in cases of contract, tort, property and family law; and the recognition and enforcement of foreign judgements.
Problem-solving take home exam (50%); essay (40%); class participation (10%)
2x50-min lectures weekly + 50-min seminar
FLEXIBLE & ONLINE STUDY OPTIONS Note: Class attendance may still be required
Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
Campus - H Hobart, L Launceston, W Burnie. Study Centre - V Sydney, R Rozelle, P Beauty Point. Distance units may also have a campus identifier of I Isolated, N Interstate, O Overseas. Units delivered in Transnational Education (TNE) Programs have a campus identifier of A Hangzhou, F Fuzhou, G Shanghai, K KDU Malaysia, Q Kuwait or Y Hong Kong.