Private International Law Flashcards
What is another name for private international law?
Conflict of laws
What is the main focus of private international law?
The enforcement of individual legal rights in other states
What is comity of courts
where judges realised they were doing the same job just using different local laws and common sense suggested that they could look to each others decisions creating a comity among courts
What laws apply?
The relevant laws of the country where the incident occurred
What court should we use?
Choice of either the domestic court where the incident occurred or the court of one of the plaintiffs
How do you ensure a foreign party is engaged in legal proceedings?
They have to be physically served the papers, the court might also void the personal service
How can results be enforced?
How can you take a New Zealand enforcement to a foreign country and ask it to be enforced
What example did Jim give of private international law in action?
After 9/11 the victims and their families wanted to sue the perpetrators, and they were officially served in USA today as it was a major paper
There was a decision to have a court in New York with authority over all cases
The court showed that Iranian had purchased the software needed to learn to fly a 757 on a Chinese flight simulator BUT there were no 757s registered on the Iranian Civil Aviation Registry
Another example came when a US company outsourced their work to India where the safety standards were lower. Unsurprisingly there was an accident and 3,000 people were killed and the victims and families wanted to sue the US company and the Indian subsidiary on the ground
What is the ILO?
A specialist agency of the United Nations whose purpose is to promote rights at work, encourage decent employment, enhance social protection and strengthen dialogue on work-related issues
What is an NGO?
A non-government organisation that can assert international influence
What is a sovereign wealth fund?
A fund managed by states
