July-December 2023
ISSN 2516-1210 (Print), 2515-9887 (Online)
Conflict of laws is a term that sets out a long list of rules and regulations which are designed to resolve private disputes containing a foreign or an international element. 'Foreign' element actually indicates that there is some sort of a contact with some other law which is not exactly English law. A suitable example to explain the definition at ease can be that a tort was committed, but it was committed in a foreign country or, for instance, the parties who committed the tortious act are not English. An alternative term which is used for conflict of laws in Europe is “private international law.” Another example where the situation of conflict of laws may arise can be in a scenario where a contract has been signed in one state, and it has been to some other state. In such complicated scenarios, the court decides by the law of the territory having the closest connection with the entire transaction. This article focuses on what is exactly known as the conflict of laws and the history of it, showcasing some imperative cases like Robinson v Blant case where a significant doctrine has been introduced by the courts. The article discussed harmonisation and the type of it, and the different harmonising techniques that were used to bring harmonisation into effect. The article also displays fundamental information related to the nature of harmonisation, the advantages and the drawbacks of it, and also what are the two categories of conflict in harmonised areas. Finally, a neat conclusion has been drawn in this article that how the denationalisation of the uniform law along with the regulation of international business can effectively reduce the conflict of laws rules.
4. Kuwait Airways Corpn V Iraqi Airways co [2002] UKHL 1
5. Roy Goode, “Reflections on the Harmonization of Commercial Law”, in Ross Cranston and Roy Goode (eds.), Commercial and Consumer Law. National and International Dimensions, Oxford (Clarendon) 1993, 3-27, at 6-7.
6. For discussion of harmonising instruments see ibid, at 7-9. Similar views are expressed by Louis F. Del Duca, “Developing Transnational Harmonization Procedures for the Twenty-first Century”, in: Ross Cranston and Roy Goode (eds.), Commercial and Consumer Law. National and International Dimensions, Oxford (Clarendon) 1993, 28-40. He discusses, in particular, conventions (at 31-32), model laws (at 32), guidelines (at 32), voluntary contractual applicability texts (at 32-33) and the special case of EC law (at 34-37).
7. Roy Goode, “Reflections on the Harmonization of Commercial Law”, in Ross Cranston and Roy Goode (eds.), Commercial and Consumer Law. National and International Dimensions, Oxford (Clarendon) 1993, 3-27, at 6-7.
8. Slides- 11,12,13 and 14 from Unit 3 Lecture Slides of International Business Law by Dr. Graeme Baber.
9. 14,15 and 16 from Unit 3 Lecture Slides of International Business Law By Dr. Graeme Baber.
10. 197 of International Business Law: Text, Cases and Readings.
11. 19 of Unit 3 Lecture Slides of International Business Law By Dr. Graeme Baber.
12. 199 of International Business Law: Text, Cases and Readings.
13. 199 of International Business Law: Text, Cases and Readings.
14. Slide -25 of Unit 3 Lecture Slides of International Business Law By Dr. Graeme Baber.
15. Page 200 of International Business Law: Text, Cases and Readings.
16. ECJ 10.4.1984-Case 14/83 von Colson and Kamann [1984] ECR 1891 (1902,1909, et seq.); 10.4.1984-case 79/83 Harz [1984] ECR 1921 (1936,1941-1943).
17. See, for instance, Fritsch/Wein/Ewers, Marktversagen und Wirtschaftpolitik,1999
18. See (for the question how current this approach is in European contract law legislation): Grundmann, ‘Information, Party Autonomy and Economic Agents in European Contract Law,’ (2002) 39 CMLR 269; and for many areas, with economic theory: Grundmann/Kerber/Weatherill (N.34).
20. See Spanogle, supra note 6, at 520
23. See supra note 65
24. See supra note 18
25. See Borchers, supra note 104, at 141 http://www.cisg.law.pace.edu/cisg/biblio/mistelis2.html#111
26. See supra notes 52-55.
N/A
Corresponding author: tasnim.saara@northsouth.edu
(2023). Conflict of Laws and Harmonization with the European Union. Legal issues Journal, 9 (2), https://www.legalissuesjournal.com/article/09-02-29122023/
