Internationalism in New Zealand Conflict of Laws

Abstract

Internationalism has long been regarded as an important goal of any national conflict of laws system. The three main branches of the subject – jurisdiction, choice of law and recognition and enforcement of foreign judgments – should be developed in a manner sympathetic to the needs of international trade and interaction and allow for recognition of foreign interests. In exceptional cases, however, local public policy should also be available to protect private rights. Internationalism is a major theme in the recent book, The Conflict of Laws in New Zealand. This article assesses the state of internationalism in New Zealand conflict of laws and the contribution of the book to the issue.

This article is the author's original manuscript version of ‘Internationalism in New Zealand Conflict of Laws’ (2021) 17 Journal of Private International Law 380-397, which can be found here: https://www.tandfonline.com/doi/abs/10.1080/17441048.2021.1924423.

Keywords: Internationalism, Jurisdiction, Choice of Law, Foreign Judgments, Connection, Co-ordination, Party Autonomy, Comity, Uniformity, Public Policy