Derived from the renowned multi-volume International Encyclopaedia of Laws,this book provides ready access to the law applied to cases involving crossborder issues in Ghana. It offers every lawyer dealing with questionsof conflict of laws much-needed access to these conflict rules, presentedclearly and concisely by a local expert.Beginning with a general introduction, the monograph goes on to discuss thechoice of law technique, sources of private international law, and therelevant connection with other laws. Then follows clear description andanalysis of the rules of choice of law on natural and legal persons,contractual and non-contractual obligations, movable and immovable property,intangible property rights, company law, family law (marriage, cohabitation,registered partnerships, matrimonial property, maintenance, child law), andsuccession law (including testamentary dispositions). The presentationconcludes with an overview of relevant civil procedure, examining lex fori andissues of national and international jurisdiction, acceptability andenforcement of foreign judgements, and international arbitration.Its succinct yet scholarly nature, as well as the practical quality of theinformation it provides, make this book a valuable resource for lawyershandling cases in Ghana. Academics and researchers, as well as judges,notaries public, marriage registrars, youth welfare officers, teachers,students, and local and public authorities will welcome this very usefulguide, and will appreciate its value in the study of private international lawfrom a comparative perspective.

A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

The Authors. List of Abbreviations. General Introduction. Part I. General Principles (Choice-of-Law Technique). Chapter 1. Sources of PIL. Chapter 2. Connection. Chapter 3. Basic Terms. Part II. Rules of Choice of Law. Chapter 1. Persons. Chapter 2. Obligations. Chapter 3. Law of Property. Chapter 4. Intangible Property Rights. Chapter 5. Company Law. Chapter 6. Family Law. Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP). Chapter 1. Sources of ICP (National Law, International Conventions). Chapter 2. The Principle of Lex Fori. Chapter 3. National Jurisdiction. Chapter 4. International Jurisdiction. Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.

A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.