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Conflict of Laws · Unit 1

Introduction and Stages of Analysis in Private International Law

Unit 1 of Conflict of Laws (syllabus: Module I — the nature and scope of private international law, its relation to public international law and to municipal law, and the stages of analysis: characterisation, the incidental question, renvoi, and the exclusion of foreign law). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • What brings private international law into operation at all, and what is the first thing an answer must identify?
  • What is the nature of private international law, and how does it differ from public international law?
  • By what authority does a forum apply a foreign rule, and what do the five theories answer?
  • What are the sources of private international law in India, and should the subject be codified?
  • What is primary characterisation, by which law is it done, and why does it decide cases?
  • What is a connecting factor, and what are the two things that can go wrong with one?
  • What is renvoi, how do single and total renvoi differ, and is the doctrine worth having?
  • How is the line between substance and procedure drawn, and why is it dangerous?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit