The American choice-of-law revolution in the courts: today and tomorrow

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M. Nijhoff, 2003 - Conflict of laws - 448 pages
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"Symeon Symeonides, Dean of devotes this course to a phenomenon known as a "revolution" in private international law in the United States, which more precisely relates to the law of conflicts of law. Symeonides studies the historic background of this phenomenon, but also looks towards the future to try to discover what the next step in the evolution of American conflicts law should be. The author takes as basis for his study the choice-of-law decisions by American state and federal courts in the last four decades. The course consists of ten chapters. He reports first on the traditional American choice-of-law system and the dissent it generated in the academic world (the scholastic revolution). In the next chapter he chronicles the judicial manifestation of the same phenomenon (the judicial revolution) and the abandonment of the traditional system, considered as too rigid. He presents the methodological landscape as it exists in the various states of the United States at the beginning of the 21st century. The author then concentrates on tort conflicts, as they make up the main arena for the revolution and because they are an excellent vehicle for re-examining the methodological and philosophical foundations of American choice-of-law. In the last chapters the author explores the current position of American conflict law with regard to six methodological and philosophical benchmarks, and proposes a new step in the development of American conflicts law: the development of new "smart" choice-of-law rules, based on the American experience in conflicts of law"--Publisher's description.

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