Essays in Private International Law

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A collection of important writings by PETER NORTH Essays in Private International Law This work consists of nine essays in the broad field of private international law, some originally delivered as lectures, others written as law journal articles. All have appeared over the past fifteen years and examine issues of topical importance in the three traditional areas with which private international law is concerned: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed withreferenceto a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major and important theme is that of reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals both in the USA and worldwide. Dr North draws on his experience as a Law Commissioner, in European Community negotiations in Brussels, and in providing advice to the government on private international law matters. Where appropriate, the essays have new introductions, examining major developments which have occurred since they were originally written. Contents: Table of Cases Table of Statutes Is European Harmonization of Private International Law a Myth or a Reality? A British Perspective The EEC Convention on the Law Applicable to Contractual Obligations (1980): Its History and Main Features Varying the Proper Law Torts in the Dismal Swamp: Choice of Law Revisited Contract as a Tort Defence in the Conflict of Laws Development of Rules of Private International Law in the Field of Family Law Choice in Choice of Law The Draft UK/US Judgments Convention: A British Viewpoint Hague Conventions and the Reform of English Conflict of Laws 0-19-825826-7 35.00,296 pages Clarendon Press This book is available from all good booksellers. In case of difficulty, or for more information, please write to Jane de Gay, OUP, Walton Street, Oxford OX2 6DP, UK. To order the quick and easy way, please call our Credit Card Hotline on (0536) 744964. OXFORD UNIVERSITY PRESS

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NOTES FOR CONTRIBUTORS 1. All material should be typed, double spaced, and on one side of the page only. Ample margins should be left. Footnotes should be numbered consecutively and typed together on a separate page or pages at the end. They will be printed at die foot of each page. 2. In shorter articles and comments, and in short reviews, the author's name should appear at the end. In articles and review articles, the author's name should appear at the beginning, immediately under the title of the piece. An asterisked footnote may be included, giving the author's present position, and an address sufficient for him to be contacted by readers, and (if so desired) brief acknowledgements. Degrees and odier personal details should not be included. 3. Full stops (abbreviation marks) will be omitted in law reports references, titles to journals, titles of judges, and in the names of cases, after die v (for versus), and after initials and other parts of names of parties. 4. Quotation marks should be single and not double unless diey indicate a quotation within a quotation. 5. References to cases should, as a general rule, give the full correct title of the case where it first appears, but common form abbreviations are acceptable on subsequent reference. Very well known cases may be referred to in abbreviated form even on first use, and in cases with very long names, the abbreviated form appearing at the head of the Law Report page is acceptable. In die names of companies, diere is no objection to omitting '& Co. Ltd' and similar expressions. References to English cases should always be to the official reports where available. 6. Articles should be sent to the General Editor, Mr John Eekelaar, Pembroke College, Oxford OX1 1DW; reviews and review articles to Dr J. C. McCrudden or Mr S. Gardner, Lincoln College, Oxford OX1 3DR; and shorter articles and comments, and other short material (eg correspondence) to Mr P. N. Mirfield, Jesus College, Oxford oxi 3DW or Mr A. Briggs, St Edmund Hall, Oxford oxi 4AR.

CONTENTS FUNDAMENTAL HUMAN RIGHTS AND THE REACH OF EC LAW Grainne de Biirca THE EFFECTIVENESS OF EUROPEAN EQUALITY LAW: NATIONAL MECHANISMS FOR ENFORCING GENDER EQUALITY LAW IN THE LIGHT OF EUROPEAN REQUIREMENTS Christopher McCrudden "ATTEMPTED MURDER OF THE SOUL": BLACKMAIL, PRIVACY AND SECRETS Peter Alldridge THE RECEPTION OF CANON LAW AND CIVIL LAW IN THE COMMON LAW COURTS BEFORE 1600 David J. Siepp ANGER AND EXCUSE: REASSESSING PROVOCATION G. R. Sullivan EMPLOYEE'S TORT IN A CONTRACTUAL MATRIX: NEW APPROACHES IN CANADA John G. Fleming