The Nature and Function of Private International Law
“Gentlemen, this subject is very important. I have earned 15000 ducats by opinions given in this matter” (Baldus); 1 “the nature of the conflict of laws is a dismal swamp, filled with quaking quagmires and inhabited by learned but eccentric professors who theorize about mysterious matters in a strange and incomprehensible jargon. The ordinary court or lawyer is quite lost when engulfed or entangled in it.” 2
Conflict of law 1921–1971 the way ahead
(1) Legal Basis When the first issue of the Cambridge Law Journal appeared in 1921, the English rules of the conflict of laws were those stated and reformulated by Dicey and by the editors of Westlake and Foote. Their progress between 1858 and 1912 had been charted by Dicey himself in a survey published in 1912. The legal basis for the application of foreign law in England was and remained Lord Mansfield's pronouncement in Holman v. Johnson: “Every action here must be tried by the law of England, but the law of England says that in a variety of circumstances … the law of the country where the cause of action arose shall govern.” Dicey never waivered in his adherence to this rule of English law, but he supplemented it with an argument drawn from the doctrine of acquired rights which bedevilled English lawyers for a long time, until in 1949 the editors of the sixth edition of Dicey took what they believed to be a bold, but substantially honest, step by restricting the concept to its proper boundaries and thus by depriving it of its capacity to serve as a general principle of the Conflict of Laws.
Arabia's Frontiers: The Story of Britain's Boundary Drawing in the Desert
List of maps Prologue Convention Abbreviations PART I GEOPOLITICAL SETTING Chapter 1. The Regional Powers: Saudi Arabia, Yemen and Britain Chapter 2. The Gulf PART 11 THE BLUE LINE Chapter 1. The 1913 Anglo-Ottoman Convention Chapter 2. The Violet Line PART III SUCCESSOR STATE Chapter 5. Britain's Relations with lbn Saud up to the End of World War 1 Chapter 6. Post-War Relations Chapter 7. Conflict with Yemen PART IV PRE-WORLD WAR 11 NEGOTIATIONS Chapter 8. Oil: The Casoc and Qatar Concession Boundaries Chapter 9. Negotiations Chapter 10. Aftermath: 1936-9 PART V A NEW CLAIM Chapter 11. Procrastination Chapter 12. The Oman Problem Chapter 13. Final Negotiations