This module critically examines the Scottish International Private Law rules on jurisdiction, choice of applicable law and decree recognition and enforcement in cases involving a foreign element.
The aim of this Module is to evaluate critically the development of International Private Law in Scotland.
By the end of this module the student should be able to:
1. Demonstrate knowledge and understanding of the key concepts and nature of international private law
2. Critically analyse the development of international private law in Scotland
3. Critically analyse the approaches taken by different providers of international private law
4. Demonstrate enhanced skills of oral and written analysis and communication in constrained circumstances
1 Concepts & Issues in International Private Law
Providers of International Private Law. Jurisdiction, recognition and enforcement. Choice of law. Renvoi. Forum non conveniens
2 Connecting factors in international private law
Domicile, nationality, habitual residence.
3 Mutual recognition and applicable law in contract law cases
Jurisdiction, recognition and enforcement of judgments in civil and commercial matters (Brussels I + Brussels I recast). Convention on the law applicable to contractual obligations (Rome I).
4 Family law provisions
Jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility (Brussels II Bis, Hague Convention on Child Abduction). Enforcement of maintenance obligations. Applicable law and jurisdiction in matrimonial matters issues
5 Analysis of Selected policy areas in private law
Applicable law in non-contractual obligations (Rome II), problems of the cross border litigant. Jurisdiction in insolvency, the Insolvency Regulation Recast; Jurisdiction in succession, the Succession Regulation and the UK Opt out.
Statement on Teaching, Learning and Assessment
Students engage in a seminar format, requiring the preparation of material from a reading list supplied by the tutor to be discussed and critiqued during class contact time. This is student led with the tutor offering support and focussing direction. High level critical analysis and synthesis of ideas from disparate areas, is required building on up to date legal academic commentary and case law, which the students have to research, acknowledging multiple perspectives, and engaging with contested knowledge. The module is assessed by inline presentation during the seminars and a coursework both of which are designed to test the knowledge, critical analysis and synthesis of ideas. Students will be provided with feedback on an essay plan previously submitted during structured feedback week.
Teaching and Learning Work Loads
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Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.
We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2018/19 , and may be subject to change for future years.