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Title: Aspects of public policy in the Conflict of Laws
Author: Leslie, R. D.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1979
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Abstract:
This thesis deals with seven topics in the general sphere of public policy and the Conflict of Laws. These all concern fields where state or community interests intrude to a substantial extent into Private International Law. The first chapter examines the external public policy rule and its role and functions in the Conflict of Laws. Then follows, in the next two chapters, investigations of the rules on the non-enforcement of foreign revenue laws and on the non-enforcement of foreign penal laws. The fourth chapter briefly considers to what extent these two rules can be said to be derived from the external public policy rule and whether they can be generalised into a broader rule that foreign public laws will not be enforced. The subject matter of Chapter 5 is external public policy and the field of operation of laws. The main question considered here is whether rules of law, particularly legislative rules, can be said to embody principles of external public policy and whether there is any point in having such a category of laws. In delict (tort) Scottish and English judges will not allow a claim arising out of a foreign delict unless it is actionable by the lex fori. This is in order to protect the interests of the forum. If these judges were to abandon this requirement and were to apply the proper law in delict, what means would still be available to them to protect these interests? The sixth chapter is concerned with the answer to this question. In the last chapter the problem of the laws of unrecognised governments is considered. Here again important state interests are involved. There have been significant developments in this field in recent years, mainly as a result of the Rhodesian U.D.I., and these developments are reviewed in this chapter.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.653824  DOI: Not available
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