Category Archives: Conflicts of Law

Denouncing the ‘One Voice’ Doctrine

Conflicts of Law, Public Law

In certain proceedings, English courts must determine whether an entity before it, which claims to be a foreign state or government, does indeed possess that status. If it does, it will be entitled to state immunity, it will have capacity to enter into legal relations and to sue and be sued, and its laws, acts, and judgments can be recognised under English conflict of laws rules. If the entity lacks that status, these will be denied.

Justifying Concurrent Claims in Private International Law

Conflicts of Law

Should claimants be entitled to sue either in contract or tort (or both sans double recovery) on a single set of facts? In domestic law, the answer to this question – the question of concurrent liability – matters because obvious differences exist between contract and tort: different remoteness, remedial, and limitation rules apply, for example. Choosing between these claims allows claimants to maximise the chances and consequences of success. Is this justifiable?