Foreign Law in English Courts

Foreign Law in English Courts PDF

Author: Richard Fentiman

Publisher: Clarendon Press

Published: 1998

Total Pages: 378

ISBN-13: 9780198258780

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This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.

"Partly Laws Common to All Mankind"

Author: Jeremy Waldron

Publisher: Yale University Press

Published: 2012-05-29

Total Pages: 306

ISBN-13: 0300148658

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Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.

The Application of Foreign Law in the British and German Courts

The Application of Foreign Law in the British and German Courts PDF

Author: Alexander DJ Critchley

Publisher: Bloomsbury Publishing

Published: 2022-12-15

Total Pages: 281

ISBN-13: 1509959599

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This book explores the application of foreign law in civil proceedings in the British and German courts. It focuses on how domestic procedural law impacts on the application of choice of law rules in domestic courts. It engages with questions involved in the investigation and determination of foreign law as they affect the law of England and Wales, Scotland, and Germany. Although the relevant jurisdictions are the focus, the comparative analysis extends to explore examples from other jurisdictions, including relevant international and European conventions. Ambitious in scope, it expertly tracks the development of the law and looks at possible future reforms.

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