scholarly journals Conflict of Laws for the Age of Cybertorts: A Game-Theoretic Study of Corporate Profiteering from Choice of Law Loopholes and Interstate Torts

2018 ◽  
Author(s):  
Yunsieg Kim
Keyword(s):  
Choice Of Law ◽  
Conflict Of Laws ◽  
Game Theoretic

Global PPPs and the Choice of Law Challenge

2020 ◽  
Vol 8 (1) ◽  
pp. 79-115
Author(s):  
Yock Lin Tan
Keyword(s):  
Common Law ◽  
Public And Private ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
The Public ◽  
Legal Structure ◽  
Foreign State ◽  
Relational Distance ◽  
Belt And Road ◽  
The Belt And Road

Abstract Positing the public-private partnership as an important optional legal structure in the delivery of infrastructural services in the Belt and Road Initiative (BRI), this exploratory article discusses the crucial, but formidable, problems of risks in management or governance. It considers whether traditional common law conflict of laws as applied in Singapore courts can contribute principles that recognize shared expectations and commitment or foster solidarity, mutuality, and trust—values regarded as essential to their effective resolution. Arguing that traditional conflicts distinctions between State and non-State law as well as between public and private law are unhelpful in this respect, it concludes that modern critical developments contain promising prospects for developing such principles. These principles will predicate a role for foreign State substantive public policies and, if there is relevant ‘relational distance’, implement them in BRI choice-of-law disputes, thereby reconciling private efficiency and public accountability beyond borders.

The Conflict of Laws and Unjust Enrichment

2021 ◽  
pp. 175-198
Author(s):  
Andrew Burrows
Keyword(s):  
European Union ◽  
The European Union ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Unjust Enrichment ◽  
The Past ◽  
The Law ◽  
The Relationship

This essay revisits the relationship between the conflict of laws and the law of unjust enrichment (or, more widely, the law of restitution) in light of shifts in the legal landscape over the past forty years. It considers the rules of jurisdiction and of choice of law applied by the English courts, accounting for the effects of the UK’s departure from the European Union.

scholarly journals Out-Beale-Ing Beale

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 68-73 ◽  
Author(s):  
Carlos M. Vázquez
Keyword(s):  
Twentieth Century ◽  
Supreme Court ◽  
European Community ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Larry Kramer

In response to the 1991 Supreme Court decision resuscitating the presumption against extraterritoriality [hereinafter “PAE” or “presumption”],EEOC v. Arabian American Oil Co.(Aramco), Larry Kramer described the presumption as an anachronism—a throwback to the strict territorialist approach to choice of law that prevailed before the mid-Twentieth Century but has been mostly abandoned since then. The title of his scathing article,Vestiges of Beale, referred to Joseph Beale, the Harvard Law professor and reporter of the First Restatement of Conflict of Laws, whose since-discredited theories underlay that Restatement’s approach to choice of law. In the cases sinceAramco, the Court has strengthened and expanded the presumption. With its decision inRJR Nabisco v. European Community, it is fair to say, the Court has out-Beale’d Beale.

The Situs of Debts in the Conflict of Laws—Illogical, Unnecessary and Misleading

1990 ◽  
Vol 49 (3) ◽  
pp. 441-460 ◽  
Author(s):  
P. J. Rogerson
Keyword(s):  
Choice Of Law ◽  
Conflict Of Laws ◽  
Physical Location

It has been suggested by several writers that property of an intangible nature, such as debts, should be subject to the same choice of law rules as those which govern tangible property and immovable property. The idea that the lex situs should be adopted to determine proprietary questions relating to debts is particularly prevalent in cases where the English courts are called upon to decide whether to recognise a foreign government's actions or whether to garnish a debt. But should one of the most dominant choice of law rules, that of the lex situs, gain an even wider application than it already clearly has? Before answering this question any suggestion that the lex situs should be adopted for matters relating to debts has to face the obvious logic that that which cannot be touched or moved cannot be said to be capable of a position or a situation. This is, of course, self-evident but apart from an occasional assertion the courts have not felt constrained by the logic of the matter and for a number of purposes they have stated rules to give a debt that characteristic which it lacks: a physical location.

scholarly journals The Law of Domicile: Re Foote Estate

2010 ◽  
pp. 189
Author(s):  
Gerald B. Robertson
Keyword(s):  
Reference Point ◽  
Law Students ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
The Law

In the area of conflict of laws the concept of domicile has declined in importance over the last few decades, both as a connecting factor in choice of law and as a basis for jurisdiction, as well as a basis for recognition of foreign divorces. Consequently, it is quite rare these days to find a case devoted entirely to determining the question of a person’s domicile. For that reason alone the recent decision of the Alberta Court of Queen’s Bench in Re Foote Estate is noteworthy. But what makes the case truly remarkable is the extent and depth of its scholarly review of the law of domicile. The Reasons for Judgment of Graesser J., spanning 546 paragraphs, contain what is unquestionably the most comprehensive and detailed judicial analysis of the law of domicile to be found in any Canadian case in recent times. Almost every aspect of domicile is canvassed with such depth and accuracy of analysis that the case will undoubtedly now be the starting reference point for practitioners and law students alike when grappling with the law of domicile.

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