The exclusion of foreign law in international private law

Lindsay, Bobby William Milroy (2018) The exclusion of foreign law in international private law. PhD thesis, University of Glasgow.

Due to Embargo and/or Third Party Copyright restrictions, this thesis is not available in this service.

Abstract

It is an axiom of the conflict of laws that one state will not enforce the revenue, penal, or ‘other public’ laws of another. This thesis shall criticise this position, arguing that these exclusionary principles should be replaced with a general principle of enforceability, subject to the control of public policy. It shall begin by sketching the general landscape of the exclusion of foreign law in Anglo-Scots international private law. Thereafter, a detailed account shall be given – for each of the revenue, penal, and ‘other public’ law rules – of the historical development of those exclusions, and their present scope of operation. This exposition provides a foundation for a critical examination of those rules.

Item Type: Thesis (PhD)
Qualification Level: Doctoral
Subjects: K Law > K Law (General)
K Law > KD England and Wales
K Law > KD England and Wales > KDC Scotland
Colleges/Schools: College of Social Sciences > School of Law
Supervisor's Name: Carruthers, Professor Janeen and Tams, Professor Christian
Date of Award: 2018
Embargo Date: 7 June 2021
Depositing User: Mr Bobby Lindsay
Unique ID: glathesis:2018-30593
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 07 Jun 2018 08:38
Last Modified: 16 Jul 2018 12:22
URI: http://theses.gla.ac.uk/id/eprint/30593

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