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Conflict of Laws and Choice of Law [PDF]

SSRN Electronic Journal, 2009
We discuss the law and economics of conflict of laws and choice of law, focusing on the law in the US. We first consider choice of law when the parties have not effectively chosen their governing law by contract. We address four questions: (1) Why do courts ever apply anything other than the law of the forum?
Erin A. O'Hara O'Connor, Larry E. Ribstein   +1 more
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Towards a Cosmopolitan Vision of Conflict of Laws: Redefining Governmental Interests in a Global Era

, 2005
It has now been ten years since the idea of global online communication first entered the popular consciousness. And while the internet has undoubtedly opened up new worlds of interaction and cooperation across borders, this increased transnational ...
P. Berman
semanticscholar   +1 more source

The Country of Origin Principle in the E-commerce Directive – A Conflict with Conflict of Laws?

European Review of Private Law, 2004
: The question of the legal nature of the so-called country of origin principle in Article 3 of the EC E-commerce Directive causes great confusion. Many, including e-service providers, advocate that the provision should be understood as a choice of law ...
Michael Hellner
semanticscholar   +1 more source

Choice of Law and Conflict of Laws

2017
This chapter explores the contribution of law and economics to conflict of laws, including choice of law, personal jurisdiction, and judgment recognition and enforcement. Consistent with developments in the literature, the majority of discussion focuses on choice of law, or how best to allocate sovereign authority over governing law when private ...
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Conflict of Laws

2017
This chapter addresses the question of how the existing principles of conflict of laws have a bearing upon the interpretation of the Model Law and how they fit within the existing domestic law of a State: inconsistent rules is one of the factors contributing to the present inconsistences in the interpretation of the Model Law a number of ...
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Conflict of Laws

, 2001
Domicile; Litigational Matters; Jurisdiction to Adjudicate; Recognition and Enforcement of Foreign Judgments and Decrees; Domestic Relations; Creation Status and its Consequences; Dissolution of Marriage and Its Consequences; Choice of Law: Basic ...
John G Collier
semanticscholar   +1 more source

Conflict of Laws

1988
The problem of conflict of laws centers on the making of judicial decision in those cases wherein two or more legal frameworks are juxtaposed as competitors for dominant authorial legal reference. The situation is viewed as a relationship between incompatible systems. Structurally, the unit of opposition may be compared with an “indeterminate situation,
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Conflict of Laws and the Internet

2017
This chapter documents the extreme stresses that cyberspace applies to state law by examining how private international law, or conflict of laws, has responded to the online global world. This highlights both the penetration of globalization into the ‘private’ sphere and the strongly ‘public’ or collective political nature of much of the ‘private ...
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Law and conservation conflicts

2015
Conflict is a dominant notion within the legal discipline. In this chapter I review some roles that law and legal research play with respect to conservation conflicts. I first introduce briefly law and legal research and then discuss the respective roles of law and legal research with regard to conservation conflicts.
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Handbook on the Conflict of Laws

The Virginia Law Register, 1927
Robert J. Farley, Herbert F. Goodrich
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