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.

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: 29 March 2026
• 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: 24 Sep 2024 10:56
• Thesis DOI: 10.5525/gla.thesis.30593
• URI: https://theses.gla.ac.uk/id/eprint/30593