LAW30820 Private International Law

Academic Year 2020/2021

This module looks at how the law responds to private disputes which transcend national borders: eg cross-border contract litigation, torts committed abroad. This module will explore the three core elements of Private International Law: jurisdiction (when will an Irish court hear a case with a foreign element), choice-of-law (when will an Irish court apply foreign law to determine a case), judgment recognition (when will an Irish court recognise and enforce a judgment granted abroad).

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Curricular information is subject to change

Learning Outcomes:

On completion of the module, students should be able to explain the function of private international law and to critically assess the effectiveness of the current law (in particular the harmonised EU rules of private international law). Students should be able to apply the relevant principles of law in a practical context and to understand how private international law interacts with substantive domestic law. Students should be adept in using the language and methodology of private international law. Students should become familiar with the principal sources of law in this area and should develop the ability to gather and interpret data on aspects of private international law.

Indicative Module Content:

Private International Law has been substantially harmonised by a series of EU Regulations and there will be a particular focus on the law as laid down in the Brussels I Recast, Rome I and Rome II Regulations. Complementary common law rules will also be considered.

Student Effort Hours: 
Student Effort Type Hours
Seminar (or Webinar)

24
Autonomous Student Learning

110
Total

134
Approaches to Teaching and Learning:
active/task-based learning; lectures; critical writing; reflective learning; enquiry and problem-based learning; debates; case-based learning. 
Requirements, Exclusions and Recommendations
Learning Recommendations:

LAW10340 Contract: Formation and LAW10350 Contract: Vitiating Factors and Remedies

LAW10190 Negligence & Related Matters

LAW10200 Nominate Torts and
LAW20370 Property Law I


Module Requisites and Incompatibles
Incompatibles:
LAW30110 - Internat Commercial Litigation, LAW30280 - Conflicts: Choice of Law, LAW41200 - Cross-Border Litigation


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Assignment: Problem-based assignment (2,000 words) Week 12 n/a Graded No

45
Continuous Assessment: Class Attendance and Participation in Class Discussion (based on assigned reading) Throughout the Trimester n/a Graded No

10
Essay: Essay (2,000 words) Week 12 n/a Graded No

45

Carry forward of passed components
Yes
 
Resit In Terminal Exam
Summer No
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Group/class feedback, post-assessment

How will my Feedback be Delivered?

Students will receive generalised feedback (via Brightspace) on their assignment and essay. Students will be given an opportunity for further (individual) feedback on their assignment and essay following the release of generalised group feedback. Students will also receive informal feedback during the in-class discussions.