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The Special Character of English Private International Law

Published online by Cambridge University Press:  21 May 2009

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Extract

I am greatly honoured by your invitation, and make today what is for me a very happy return to lecture in the University of Amsterdam. It is tempting for a visiting foreigner on such an occasion to speak of the Netherlands as a centre of international law, both public and private, mentioning a few names such as those of Hugo Grotius, the International Court of Justice, the Hague Academy of International Law and the Hague Conference of Private International Law. I do not propose to indulge in remarks of that kind beyond saying that through the Hague Conference of Private International Law and the friendship both of its present President, Professor de Winter, and his eminent predecessor, the Netherlands have become for me very much a personal as well as a professional academic home.

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Articles
Copyright
Copyright © T.M.C. Asser Press 1972

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References

1 see generally Potter's Historical Introduction to English Law (4th ed. by Kiralfy, ), 207–8.Google Scholar

2 “The Judgment of the Court of Demerara in the case of Odwin v. Forbes … to which is prefixed a Treatise on the differences between Personal and Real statutes … with an Appendix on the present Law of France respecting Foreigners.”

3 For references, see Graveson, , Conflict of Laws (6th ed.) pp. 712, 4344.Google Scholar

4 Godard v. Gray (1870) L.R. 6 Q.B. 139.Google Scholar

5 Janson v. Driefontein Consolidated Mines (1902) A.C. 484, 491.Google Scholar

6 Cited in note to Harford v. Morris (1776) 2 Hag. Cons. 423.Google Scholar

The question of evasion of the law is discussed more fully in Graveson, The Comparative Evolution of Principles of the Conflict of Laws in England and the U.S.A., 99 Recueil des Cours de l'Académie de la Haye (1960) 62–72 and Comparative Aspects of the General Principles of Private International Law, 2 Recueil des Cours (1963), Ch. 4.

7 Re Weston's Settlements (1968) 3 W.L.R. 786.Google Scholar

8 Indyka v. Indyka (1967) 3 W.L.R. 510.Google Scholar

9 (1966) 2 W.L.R. 717.

10 Re Wallach (1950) 1 All E.R. 199.Google Scholar

11 Graveson, , Conflict of Laws, 6th ed. pp. 191–2, 196–7.Google Scholar

12 (1870) L.R. 6 Q.B. 1.

13 (1969) 3 W.L.R. 322.