Professor's Information

Taught by Yan Jiao
Associate Professor
Nanjing University Law School
Office: Room 1206   Yifu Building for the Management Science
Email: jiaoyan@nju.edu.cn

I. Aims and Objectives
Private International Law (PIL, or named Conflict of Laws in common law countries) is mainly national law, dealing with civil cases involving foreign elements, the theories and rules of which will be taught in this course only. Although the legal sources of PIL will mostly be found in domestic legislation, this course helps students develop an international and comparative perspective, and it is sure to benefit their future legal practice and further pursuit of legal studies.

There are three specific objectives for those taking this course:

1.Being familiar with legal terms, significant theories, and basic legal rules and principles of PIL

2.Grasping the way of dealing with PIL disputes and cases in China

3.Knowing about the PIL of some major countries abroad

II. Contents

1.Basic theories, including the history of PIL thoughts and views, conflict of laws and conflict rules, general problems arising from the application of conflict rules; personal law
2.Choice of law issues in specific areas, including status, family, succession, property, contracts and torts
3.Transnational civil litigation, including the jurisdiction of adjudication, service and taking evidence abroad, and recognition and enforcement of foreign judgments

III. Teaching Methods
1.Combination of lectures and seminars
2. Analysis of both hypothetical instances and real cases

IV. Exams and Grading

The grade for the course consists of three parts. The class participation accounts for 20%; the written assignment for another 20%; and the final exam for 60%, which will be in-class and modified opened-book.

V. Textbooks
1. Lea Brilmayer, Jack Goldsmith & Erin O’Hara O’Connor, Conflict of Laws: Cases and Materials (6th ed. 2011).
2. Symeon C. Symeonides & Wendy Collins Perdue, Conflicts of Laws: American, Comparative, International: Cases and Materials (3rd ed. 2012).

Besides the above two textbooks, there will be supplementary reading materials.

VI. Major Websites and Databases for the Course

1.Conflictoflaws. Net

2.Westlaw International

3. Heinonline

4.Jstor

5.北大法宝

6.中国涉外商事海事审判网