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|Journal of South Pacific Law - BOOK REVIEWS|
Book Review 3 of Volume 2, 1998
BY PROFESSOR DON PATERSON
SCHOOL OF LAW
UNIVERSITY OF THE SOUTH PACIFIC
Title: Conflict of Laws, Commentary and Materials
Authors: Davies, Ricketson & Lindall
Published by: Butterworths, North Ryde (1997)
Australia has produced several fine textbooks and books of commentaries and materials on Conflict of Laws, of which the above is the most recent.
This book, which runs to approximately 800 pages, contains a very useful collection of cases and statutes relating to the main heads of conflicts of laws today i.e. Jurisdiction, the non-application of foreign laws, recognition and enforcement of foreign judgments, choice of law theory and technique, torts, contracts, personal connecting factors, property rights, succession to property and family relationship.
Although some might cavil at the order in which these topics are presented, none could cavil at the very full treatment which each topic receives. Although this book is designed for the Australian reader, it contains much that is very relevant for South Pacific students, academics and practitioners.
As is to be expected in an Australian text book there is a substantial chapter on federal issues which are of no great relevance to South Pacific readers, but the remainder of the book contains many materials particularly Australian and English decisions, which are very relevant to the south Pacific.
Obviously this book does not contain decisions relating to Conflict of Laws from South Pacific island countries, especially those from Fiji and Samoa which are obviously very important to practitioners and students of Pacific island countries, but it does contain a large number of materials that are relevant to these countries. It is therefore to be recommended as a very useful addition to a university and a practitioners library, and to a students reading list, in South Pacific island countries.
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