This collection of essays contains in-depth analyses of eighteen
landmark cases in private international law, from Penn v Lord
Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLCin 2021. The
contributors are experts drawn from academia and practice as well as
from the bench.
Case law has been a central driver in the legal development of the
English conflict of laws. Judge-made law does not just supply a source
of law itself but also acts as the crucible in which other sources of
law - legislation, international Treaty, European regulation, and ideas
generated by jurists such as Joseph Story and Albert Venn Dicey - have
been tested and applied.
This book sheds new light on the past and future evolution of private
international law by focusing on the landmark cases which have
fundamentally shaped the way that we think about this subject. The focus
is on the English common law, but landmarks in Scotland, Australia and
Canada are covered as well. Many of them concern disputes between
commercial parties; others deal with issues such as marriage and
domicile; and some arise from controversies in political, constitutional
and international affairs.
The landmark cases tackled in this collection address significant issues
in civil jurisdiction, governing law, foreign judgments, and public
policy. The essays place those landmarks in their historical context,
explain their contemporary importance, and consider their future
relevance.
