Accessibility Skip to Global Navigation Skip to Local Navigation Skip to Content Skip to Search Skip to Site Map

Articles for the keyword(s) "Governmental interest"

"A Proposal to Improve the Protection of New Zealand’s Movable Cultural Heritage by Means of a Statutory Trust"

Jonathan Keate, 1993

This article examines and evaluates the effectiveness of the Protection of Movable Cultural Heritage Bill, focusing on the recovery of illegally exported cultural property with reference to the private international law principles of unenforceability of foreign penal and other public laws. The author proposes the creation of a statutory trust, which would accord with charitable trust principles, as a more effective means to recover illegally exported cultural objects through proceedings in overseas courts.

^ Top of page

"Jurisdiction and Choice of Law in Tort"

Craig Brown, 1976

The author examines the confusion caused by the double-limbed tort conflict rule (Phillips v Eyre (1870) LR 6 QB 1) in regard to jurisdiction and choice of law, as well as the significance of the "proper law of the tort" exception (Boys v Chaplin [1968] 2 QB 1). While emphasising the distinction between jurisdiction and choice of law, the author points to the interaction between jurisdiction and choice of law in order to find the appropriate forum as well as the appropriate lex causae for cross-border tort disputes. The jurisdictional doctrine of forum conveniens (where leave to serve abroad is required) and the "proper law of the tort" for choice of law purposes may provide the required degree of flexibility in tort choice of law.