Internationalizing the New Conflict of Laws Restatement
Duke Journal of Comparative & International Law, Vol. 27, No. 3, 2017
UC Irvine School of Law Research Paper No. 2018-15
Duke Law School Public Law & Legal Theory Series No. 2018-28
12 Pages Posted: 15 Mar 2018
Date Written: March 14, 2018
Abstract
This article discusses the international and comparative aspects of the new Third Restatement of Conflict of Laws. The article makes two main arguments. First, it argues that there are legal and practical differences between international conflict-of-laws problems and domestic conflict-of-laws problems, and that the new Restatement should address both types of problems in ways that take those differences into account. Second, it argues that comparative law can and should play a role in the development of the new Restatement. The article concludes with specific recommendations for the internationalization of the Third Restatement of Conflict of Laws.
Keywords: Choice of Law, Conflict of Laws, Private International Law, International Law, Comparative Law, Restatement, Transnational Litigation, International Litigation
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