Private International Law in Commonwealth Africa
Private International Law in Commonwealth Africa
This book provides a comprehensive and comparative examination of private international law in Commonwealth Africa. It offers an unrivalled breadth of coverage in its examination of the law in Botswana, the Gambia, Ghana, Kenya, Lesotho, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. The book is clearly and logically structured - it is organised around broad themes or issues, with country reports and accompanied by detailed commentaries. Drawing on nearly 1500 cases decided by courts in these countries and numerous national statutes, this book covers the four cornerstones of private international law: jurisdiction, choice of law, foreign judgements and arbitral awards enforcement, and international civil procedure. The author also provides an extensive bibliography of the literature on African private international law. Scholars and practitioners alike will find Private International Law in Commonwealth Africa invaluable and illuminating.
- The first book of its kind to provide a detailed yet concise commentary on the laws of fifteen Commonwealth African countries
- Covers all four legs of private international law: jurisdiction, choice of law, judgement enforcement and international civil procedure
- Contains nearly 1500 cases as decided by courts across Commonwealth African regions to exemplify the legal principles and decisions in the relevant countries
Reviews & endorsements
"[This] book is a remarkable tour de force, which will be of use to all practitioners who need to engage with private international law in these countries, and will surely inspire debate on the development and reform of this law in Africa and elsewhere in the world."
Gordon R. Woodmana, Commonwealth Law Bulletin
"… this is a valuable book. It will no doubt be of interest to practitioners and academics in Africa and beyond. Through its clear and authoritative exposition of the existing principles of law in the countries which it covers, the book enriches the reader’s knowledge of a hitherto much-neglected area of private international law. In this regard, Private International Law in Commonwealth Africa has the potential to kick-start a debate on a wide range of issues within and outside Africa. For his endeavours in laying the foundations for that debate, Dr Oppong’s work deserves much credit."
Ardavan Arzandeh, Common Law World Review
Product details
November 2015Paperback
9781316500675
560 pages
228 × 152 × 30 mm
0.82kg
Available
Table of Contents
- Introduction
- Part I. Preliminary Matters:
- 1. Conceptual issues in choice of law
- 2. Foreign law
- 3. Domicile
- Part II. Jurisdiction:
- 4. Bases of jurisdiction
- 5. Forum non conveniens, lis alibi pendens and forum selection
- 6. Limitations on jurisdiction
- Part III. Obligations:
- 7. Contract
- 8. Torts
- 9. Foreign currency obligations
- 10. Bills of exchange
- Part IV. Family Law:
- 11. Marriage
- 12. Bills of exchange
- 13. Children
- Part V. Property, Succession and Administration of Estates:
- 14. Property
- 15. Succession
- Part VI. Foreign Judgements and Arbitration Awards:
- 16. Administration of estates
- 17. The common law regime for enforcing foreign judgements
- 18. The statutory regimes for enforcing foreign judgements
- 19. Recognition and enforcement of foreign arbitration awards
- Part VII. International Civil Procedure:
- 20. Remedies in support of or against foreign judicial and arbitral proceedings
- 21. International judicial assistance
- 22. Security for costs.
