Course Catalogue

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This Level 4 course will give students an opportunity to study the international aspects of Family Law. It will focus on the international private law rules of Family law that apply in Scots and English law, against the background of the European and global harmonisation of international private law programmes. As a result of the high number of personal relationships between individuals belonging to different legal systems, the rules of international private law in their family law dimension are of considerable importance. In view of the freedom of movement of persons, and an increasingly multi-cultural society, there is a need for knowledge of the rules of Scots and English international family law, which apply in cross-border situations concerning adult relationships and parent-child relationships. The course will address policy issues and the impact of different religious and cultural norms upon the content of Scots, UK and European conflict of laws rules pertaining to International Family Law.

10 x. 2-hour seminars.

Entry to LLB Honours or permitted visiting student. A pass in International Private Law Level 2 is not a prerequisite of entry to the course but, if oversubscribed, preference will be given to students who have studied that course (or equivalent at a foreign institution) and places, in the first instance, will be allocated according to performance in IPL Level 2 (or foreign equivalent). Thereafter, places will be allocated according to grade point average performance.

None.

None.

Essay x. 1,500 words (20%)

1 x. 2-hours exam (80%)

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below.

The aims of the course are:

1. To explain the nature and the theory of the subject of International Private Law, its methods and terminology.

2. To build upon the knowledge acquired in domestic Family Law, to bring students to a high level of expertise in the international/cross-border dimensions of Family Law.

3. To enable students to identify conflict of laws issues in a legal problem concerning international family law.

4. To enable students critically to describe problems of the interpretation and ambit of jurisdictional rules in the field of cross-border family law, and to present reasoned argument upon complex conflict of laws problems concerning matrimonial matters and matters of parental responsibility and related international jurisdiction.

5. To equip students to apply conflict of laws rules of Scots and English law in complex legal problems concerning matrimonial matters and matters of parental responsibility and related jurisdiction, so that they may be able to provide accurate, relevant and authoritative answers to problems arising within the subject area.

6. To introduce students to the subject of law reform in cross-border family law, so that they may be able to appreciate and critique recent and proposed law reform measures (national and international), including the impact of the creation of the European and global judicial areas.

7. To equip students to apply applicable law rules in relation to personal law connecting factors (domicile and habitual residence); constitution of adult relationships (including arranged, forced and polygamous marriage); and dissolution of adult relationships.

8. To enable students to apply rules of recognition of overseas decrees of divorce/dissolution, including extrajudicial forms of divorce, and annulment

9. To enable students to apply conflict of laws rules affecting children in the matters of inter-country adoption, cross-border surrogacy; parental rights and responsibilities; family relocation and international child abduction

10. To develop students' skills of problem-solving and analysis.

By the end of this course students will be able to:

1. Explain the nature and the theory of the subject of International Private Law, its methods and terminology.

2. Identify conflict of laws issues in a legal problem concerning international family law.

3. Critically describe problems of the interpretation and ambit of jurisdictional rules in the field of cross-border family law, and to present reasoned argument upon complex conflict of laws problems concerning matrimonial matters and matters of parental responsibility and related jurisdiction.

. To present argument informed by conflict of laws reasoning, in answer to complex legal problems concerning matrimonial matters and matters of parental responsibility and related jurisdiction, and to provide accurate, relevant and authoritative answers to problems arising within the subject area.

5. To provide an informed evaluation of the different methods of allocation of jurisdiction in this area of law.

6. To identify issues and analyse choice of law problems in the following areas:

- personal law connecting factors;

- constitution of adult relationships;

- dissolution of adult relationships;

- inter-country adoption;

- cross-border surrogacy; 

- parental rights and responsibilities;

- family relocation; and

- international child abduction

and to propose viable legal solutions.

7. To evaluate the subject of law reform in international family law, showing appreciation of law reform measures (national and international), including the impact of the creation of the European and global judicial areas, and to demonstrate an understanding of the policy background to the development of international family law and an ability to engage with policy arguments.

8. To use source materials relating to international family law, including statutory and case law, Law Commission reports, European Commission reports, Hague Conference preparatory documents and other consultation documents.

9. To construct clear, rational and authoritative argument in relation to issues of international family law, and to provide accurate, relevant and authoritative answers to complex problems arising within the subject area.

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.