Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Methods and Approaches in Choice of Law: An Economic Perspective

August 9, 2006/in /by Martin George
image_pdfimage_print

Giesela Ruehl (Max Planck Institute for Comparative and Private International Law) has posted Methods and Approaches in Choice of Law: An Economic Perspective on the Social Science Research Network (SSRN). The abstract reads as follows:

After years of disregard, the law and economics movement has finally taken note of the field of choice of law. However, up until today most of the contributions have focused on specific topics – such as the applicable law in contracts, torts or product liability – and skipped the underlying fundamental issues that determine the general design of choice of law rules: (1) Should courts apply foreign law at all or should they always resort to their own law? (2) Should courts create multistate substantive law specifically designed for international transactions or should they apply the law of one of the states involved? (3) Should choice of law rules resort to the unilateral method and define the reach of forum law only or should they apply the multilateral method and determine the reach of both forum and foreign law? (4) Should courts search for material justice or rather for conflicts justice? (5) Should choice of law strive for legal certainty or rather for flexibility? This article provides a comparative overview as well as an economic analysis of the answers legal scholarship has provided to these questions over time and across countries. It argues that courts should (1) be open towards application of foreign law, (2) apply the law of one of the states involved (3) determine the reach of both foreign and forum law, (4) strive for conflicts justice, and (5) apply rules instead of standards.

Full citation: Ruehl, Giesela, "Methods and Approaches in Choice of Law: An Economic Perspective" Berkeley Journal of International Law, Vol. 24, 2006.

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Martin George https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Martin George2006-08-09 00:57:532006-08-14 00:48:59Methods and Approaches in Choice of Law: An Economic Perspective

Categories

  • Views
  • News

Most Recent Posts

  • Talaq Divorce Cases in the United States October 7, 2026
  • Book Review: Choice of Forum Clauses in Asia (Lemuel L Lopez) October 5, 2026
  • Zamzam on Egyptian Private International Law (in Arabic): Towards Reviving the Golden Age of Egyptian Private International Law October 2, 2026
  • Maintenance Duties for a Gestational Surrogate Following Non-Recognition – An Unreported Spanish Judgment September 22, 2026
  • From Symbolism to Substance: Comity and Judicial Reform in South Africa’s Foreign Judgments Regime September 15, 2026
  • Persistent and Reasonable Efforts in the Field of Cross-Border Service of Documents. Continuation or Stay of Proceedings? September 12, 2026
  • Speaking for the Dead: Idziski and the Forum for Post-Mortem Likeness Claims September 7, 2026
  • Book Review: Andrew Dickinson and Alexander Thompson, The State Immunity Act 1978 (OUP, 2025) September 7, 2026
  • Political Immobilisation of Iranian Diaspora Property: Lex Situs, Human Rights and Public Policy August 22, 2026
  • The Demise of the Lex Domicilii Matrimonii in South African Private International Law August 18, 2026
  • Support in cross-border transactions by Adults: Contract law vs capacity law August 12, 2026
  • Recognition of Italian Extrajudicial Divorces in Tunisia — Between Methodological Uncertainty and the Need to Preserve Continuity of Personal Status Across Borders August 9, 2026
  • Private International Law and European Society August 4, 2026
  • The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief August 3, 2026
  • Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law August 3, 2026
Link to: Maccaba v Lichtenstein, and an article Link to: Maccaba v Lichtenstein, and an article Maccaba v Lichtenstein, and an article Link to: Party Autonomy in the Private International Law of Contracts Link to: Party Autonomy in the Private International Law of Contracts Party Autonomy in the Private International Law of Contracts
Scroll to top Scroll to top Scroll to top