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Brexit and the Future of Private International Law in English Courts (Hardcover)
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Brexit and the Future of Private International Law in English Courts (Hardcover)
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In Brexit and the Future of Private International Law in English
Courts, Mukarrum Ahmed discusses the impact of Brexit upon
jurisdiction, foreign judgments, and the applicable law in civil
and commercial matters. By providing a commentary on the principal
post-Brexit changes in England, this book faces towards the future
of private international law in English courts. It utilises a
once-in-a-generation opportunity to analyse, understand, and
reframe some fundamental assumptions about the discipline with a
view to suggesting adjustments and law reform. Ahmed argues that a
conscious unlearning of the central precepts of EU private
international law would be detrimental to the future of English
private international law. The multilateral issues that lie ahead
for the discipline rely on the legal epistemology of EU private
international law, which also serves as a useful reference point
when comparing aspects of English private international law.
Unshackled from the EU's external competence constraints, the UK
will have the opportunity to play a more prominent role in the
development of the Hague Conference's global instruments. A
methodologically pluralist approach to English private
international law may be the best route to sustain its global
leadership in this field, as well as simultaneously assimilating
the best private international law developments from the
Commonwealth, Europe, and beyond.
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