Recueil Des Cours, Collected Courses

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Martinus Nijhoff Publishers, Oct 1, 2003 - Law - 448 pages
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The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law,"
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Contents

College of Law Oregon 9448
20
Introduction
25
Charts
26
The scholastic revolution
33
E Comparative impairment
50
the Second Conflicts Restatement
58
The judicial revolution
64
The erosion of the lex loci delicti rule
65
2 Summary and rule
208
Cases of Patterns 5 and 6
218
E Crossborder torts splitdomicile cases
220
b A rule
227
G Summary and rules for lossdistribution conflicts
235
Patterns in conductregulation conflicts
241
Patterns in punitive damages conflicts
263
Products liability
278

Chronological table of departures from the lex loci delicti rule
67
The erosion of the lex loci contractus rule
68
Traditional states
75
States and populations in traditional and modern methodological camps
76
The choiceoflaw revolution today
89
Alphabetical list of states and choiceoflaw methodologies
91
Methodological camps in tort conflicts
92
Methodological camps in contract conflicts
93
Curriebased approaches
99
Second Restatement states
117
The Restatements contribution
126
The Restatement Seconds momentum in contract conflicts
127
The distinction between conductregulation and lossdistribu
154
The validity of the distinction
160
E Looking at primary purpose and function
167
Lossdistribution tort conflicts
173
Patterns in lossdistribution conflicts involving two states
177
TableS CorwerseBabcock pattern cases Pattern 2
183
Cases applying commondomicile law
188
2 Summary and rule
200
Pattern 3 cases
201
The pertinent contacts in products liability conflicts
284
True conflicts applying the proplaintiff law of a state with three
292
True conflicts applying the proplaintiff law of a state with
298
True conflicts applying the prodefendant law of a state with
305
Nointerest cases applying the proplaintiff law of a defendant
311
Nointerest cases applying the prodefendant law of a state with
318
Nointerest cases applying the prodefendant law of a state with
324
The contacts of the state of the applicable law
331
Forums law and law applied
336
Forums contacts
337
Proplaintiff or prodefendant results
339
Favouring local litigants?
340
Forum and foreign law applied
342
Number of cases applying the same law
348
The parties choices
355
a macro view
357
Territoriality versus nonterritoriality
376
E Jurisdictionselection versus lawselection
385
F Conflicts justice versus material justice
397
The six dilemmas and American conflicts law
414
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Co-publication with: The Hague Academy of International Law.

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