The Conflict of Laws

Abstract

Abstract The book examines and analyses private international law—the conflict of jurisdictions, the conflict of judgments and the conflict of laws, in the aftermath of Brexit. Where retained EU laws are to be assimilated into the structure of the subject, the problems to which this may give rise are dealt with and solutions proposed. The theory underpinning the subject is exposed, for without an understanding of what the conflict of laws does, and why it does it, the detail of the law can appear overwhelming, when the truth is the opposite: almost every decision and principle can be seen to be part of a rational, coherent, structure. Where criticism—whether of legislation or the absence of legislation, or of judicial decisions—is called for, it is made. Punches are not pulled. Where the law has been let down by legislators or judges (not only in London), the shortcomings are explained, the better to help the reader appreciate what the subject, taken as a whole, seeks to do. Where reform is necessary, the need is explained. But above all, the reading is intended to be fun, or at least provocative. For as soon as the reader is stimulated to produce his or her own thought, reaction and assessment, the book will have achieved its most important purpose.