International Family Law
| Module title | International Family Law |
|---|---|
| Module code | LAW3185 |
| Academic year | 2019/0 |
| Credits | 15 |
| Module staff | Dr Isabelle Rueda (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 20 |
|---|
Module description
International family law examines the legal issues arising from family situations that present links with more than one country: (1) which challenges should be considered and taken into account when entering into a cross-border family situation ? (2) which court may hear a dispute between e.g. an English and an Australian spouse? (3) which law(s) will apply to the succession of an English man who resided in Spain for the last years of his life? (4) under which conditions may a foreign judgment be recognised and enforced in England?
Knowledge of the rules regarding international family law is critical for any family lawyer working in areas of practice that transcend or potentially transcend national borders. In our globalised world, more and more family-related situations present cross-border elements. International family law thus constitutes a growing part of the work of family lawyers and English courts.
This captivating area of law is of an increasing practical significance when advising clients in a world where legal relationships are more and more frequently cross-border.
In this course you will draw on common law as well as international sources – with comparative insights on foreign legal systems when relevant.
Module aims - intentions of the module
This module aims to enable you to:
1. identify the main issues involved in international family law scenarios;
2. analyse and apply the domestic as well as international rules pertaining to jurisdiction, choice of law and recognition/enforcement of foreign judgments in cross-border situations;
3. understand the connection between domestic and international rules of international family law, and determine which set of rules should be applied in a given situation;
4. critically assess the strengths and weaknesses of the domestic and international rules applicable to international family law, and the difficulties involved in applying different sets of rules to similar case scenarios.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate comprehensive knowledge and understanding the main concepts, values and principles relating to international family law.
- 2. analyse and compare the principal rules and theories relating to international family law issues.
- 3. identify, explain and critically evaluate key issues related to international family law and to apply relevant rules and theories.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. demonstrate flexible capability to define complex legal problems, identify their relative significance and select appropriate methods for investigating and critically evaluating them
- 5. apply legal knowledge to a problem/ case study and to suggest a conclusion supported by relevant arguments.
- 6. effectively use both written and oral communication skills in assessed work and/or workshops.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 7. confidently tackle legal problems by means of a practical problem solving approach in role-play situations and to use effective debating skills.
- 8. demonstrate good library-based and internet-based research skills.
- 9. work independently, within a limited time frame to complete a specified task.
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- Jurisdiction under international instruments relating to international family law
- Jurisdiction of English courts under the traditional rules of private international law
- Stays of English proceedings
- Restraining foreign proceedings
- Conflict of laws rules
- Proof of foreign law
- Exclusion of foreign law
- Recognition and Enforcement of foreign judgements under international instruments relating to international family law
- Recognition and Enforcement of foreign judgements under the traditional rules of private international law
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 26 | 124 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 20 | 10 x 2 hour lectures |
| Scheduled Learning and Teaching Activities | 6 | 4 x 1.5 hour workshops |
| Guided independent study | 60 | Individual reading and lecture preparation |
| Guided independent study | 19 | Workshop preparation |
| Guided Independent Study | 40 | Assessment preparation |
| Guided Independent Study | 5 | Formative preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Two essays (best mark counts as summative) | 2 x 2,500 words max | 1-6, 8-9 | Written feedback & verbal feedback on request |
| Workshops involving problem solving questions and topics for discussion and debate. | 4 x 1.5 hour workshops | 1-9 | Verbal feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Best of two essays | 100 | 2,500 words | 1-6, 8-9 | Written feedback & verbal feedback on request |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (2,500 words) | 1-6, 8-9 | August/September reassessment period |
Indicative learning resources - Basic reading
Basic reading:
- J. Hill & M. Ní Shúilleabháin, Clarkson & Hill’s Conflict of Laws (5th edn, OUP 2016)
- Briggs, Private international law in the English courts (OUP, Oxford 2014 – available online)
- Dicey, Morris & Collins on the Conflict of Laws (15th edn, Sweet & Maxwell, 2018; also available on Westlaw)
- Douglas G e.a., International and National Perspectives on Child and Family Law (Intersentia 2018 – available online)
- Estin AL (ed), International family law (Edward Elgar 2016 – available online)
- P. Torremans et al., Cheshire, North & Fawcett Private International Law (15th edn, OUP 2017 – available online from the Library website)
Indicative learning resources - Web based and electronic resources
Web based and electronic resources:
Among others: Cambridge Core, HeinOnline, JSTOR, Lexis Library, Oxford Legal Research Library, Oxford Reference Online, Oxford Scholarship Online, Taylor & Francis Online, Westlaw UK
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | none |
| Module co-requisites | none |
| NQF level (module) | 6 |
| Available as distance learning? | Yes |
| Origin date | 08/05/2017 |
| Last revision date | 23/12/2018 |
