Essay on Conflict of Laws

883 Words May 25th, 2014 4 Pages
The development of codified law within the European context has necessitated a call for the development and adoption of similar rules in other parts of the world in a bid to inform the departure from applying common law and other rules elsewhere. In your view, do you believe that there is a case for developing such codified rules in the Kenyan context? (15mks)

The codification of laws is a way of domesticating laws and brings more certainty in the application of the laws since there will be a clear reference to which any dispute will be directed.
Codification of private international law bring about two pronged arguments being the constant tension between the need for legal certainty and predictability, on the one hand, and the need
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The conflict can hinge on matters such as public policy, justice and justice.
This therefore builds the case for the codification of private international law at an international level so that uniformity and ease of implementation can be achieved. An example being the common law rules which bind the commonwealth nations. Another example is the Brussels and lugano conventions which apply within the EC/EFTA.
Today, the growing complexity in legal rules whether domestic, regional or international in character complicate the elaboration of codes the multiplication of micro codes and the growing sectoral and regional codes may not in fact lead to increased accessibility and intelligibility of the laws concerned.
In addition, private international law has been and is concurrently the beneficiary of an ever expanding number of international and regional instruments, so that the necessity to engage in domestic codifications could appear tenuous
Furthermore, it is noted that one of the great merits of unwritten conflict of law rules is their relative flexibility and adaptability, characteristics which are viewed as the prerequisites of a satisfactory treatment of private international situations. Thus the formalization of these elements in a code would, as has been suggested, imply the enactment of general and abstract conflict rules with an

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