Undergraduate Module Descriptor

LAW3164: Conflict of Laws

This module descriptor refers to the 2018/9 academic year.

Module Aims

This module aims to enable you to:

1. identify the main issues involved in conflict of laws scenarios;

2. analyse and apply the domestic, European and international rules pertaining to jurisdiction, choice of law and recognition/enforcement of foreign judgments in cross-border situations;

3. understand the connection between domestic, European and international rules of conflict of laws, and determine which set of rules should be applied in a given situation;

4. critically assess the strengths and weaknesses of the various domestic, European and international rules of private international law, and the difficulties involved in applying different sets of rules to similar case scenarios.

Intended Learning Outcomes (ILOs)
This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills	1. demonstrate comprehensive knowledge and understanding the main concepts, values and principles relating to the conflict of laws. 2. analyse and compare the principal rules and theories relating to the conflict of laws. 3. identify, explain and critically evaluate key issues related to the conflict of laws and to apply relevant rules and theories.
Discipline-Specific Skills	4. demonstrate flexible ability to define complex legal problems, identify their relative significance and select appropriate methods for investigating and critically evaluating them. 5. apply legal knowledge to a problem/ case study and to suggest a conclusion supported by relevant arguments. 6. develop your capacity to effectively use both written and oral communication skills in assessed work and workshops.
Personal and Key Skills	7. demonstrate a capacity to confidently tackle legal problems by means of a practical problem solving approach in role-play situations and to use effective debating skills. 8. demonstrate good library-based and internet-based research skills. 9. work independently, within a limited time frame, and without access to external sources, to complete a specified task.

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

Jurisdiction under EU instruments of private international law
Jurisdiction of English courts under the traditional rules
Stays of English proceedings
Restraining foreign proceedings
Conflict of laws rules
Renvoi
Proof of foreign law
Exclusion of foreign law
Recognition and Enforcement of foreign judgments under EU instruments of private international law
Recognition and Enforcement of foreign judgments under the traditional rules

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
55	245

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

Category	Hours of study time	Description
Scheduled Learning and Teaching Activity	43	21 x 2 hour & 1 x 1 hour Lectures
Scheduled Learning and Teaching activity	12	6 x 2 hour Workshops
Guided Independent Study	120	Individual reading and lecture preparation
Guided Independent Study	35	Workshop preparation
Guided Independent Study	80	Assessment preparation
Guided Independent Study	10	Formative preparation

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

Indicative Reading List

This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.

J. Hill & M. Ní Shúilleabháin, Clarkson & Hill’s Conflict of Laws (5th edn, OUP 2016)
D. McClean & V. Ruiz, The Conflict of Laws (9th edn, Sweet & Maxwell, 2016)
A. Briggs, Private international law in the English courts (OUP, Oxford 2014)
P. Rogerson, Collier's conflict of laws (4th edn, CUP, Cambridge 2013)
Dicey, Morris & Collins on the Conflict of Laws (15th edn, Sweet & Maxwell, 2012; also available on Westlaw)
J. J. Fawcett, J. M. Carruthers & North, Cheshire , North & Fawcett Private International Law (14th edn, OUP, Oxford, 2008)