Brexit and private international law in the Commonwealth

Mortensen, Reid (2021) Brexit and private international law in the Commonwealth. Journal of Private International Law, 17 (1). pp. 18-52. ISSN 1744-1048

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Abstract

Brexit is a trading and commercial opportunity for the countries of the Commonwealth, as it makes it likely that, for many, their access to United Kingdom (UK) markets will improve significantly. The question addressed in this article is whether, to support more open and trading relationships, Brexit also presents opportunities for the development of the private international law of Commonwealth countries – including the UK.Focusing on Australia, Canada, New Zealand and Singapore, as well as the UK, an account is given of the relationship between the different systems of private international law in these Commonwealth countries in the period of the UK’s membership of the European Union (EU). Accordingly, consideration is given to the Europeanisation of UK private international law and its resistance in other parts of the Commonwealth. The continuing lead that English adjudication has given to private international law in the Commonwealth and, yet, the greater fragmentation of that law while the UK was in the EU are also discussed. The conclusion considers the need to improve the cross-border enforcement of judgments within the Commonwealth, and the example given in that respect by its federations and the trans-Tasman market. Possible directions that the cross-border enforcement of judgments could take in the Commonwealth are explored.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 10 May 2021 01:18
Last Modified: 25 Oct 2021 23:13
Uncontrolled Keywords: Brexit, Commonwealth, forum non conveniens, applicable law in tort, trans-Tasman jurisdiction, Choice of Court Agreements Convention, Convention on the Recognition and Enforcement of Foreign Judgments
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180107 Conflict of Laws (Private International Law)
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480303 Conflict of laws (incl. private international law)
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
Socio-Economic Objectives (2020): 23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230401 Civil justice
Identification Number or DOI: https://doi.org/10.1080/17441048.2021.1894717
URI: http://eprints.usq.edu.au/id/eprint/41946

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