In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae. However, this article shows that on both sides of the Atlantic there is a trend toward reducing the scope of the lex rei sitae rule, exploring the reasons for and the challenges posed by this trend.
Christopher A. Whytock Posts
Conflict of Laws: Introduction to Draft
by Christopher A. Whytock | Apr 6, 2021 | Conflict of Laws
Conflict of laws is the field of law concerned with the resolution of legal questions having connections with more than one state. Typically, it comprises the subfields of personal jurisdiction, recognition of judgments, and choice of law.
Conflict of Laws: Choice of Law – Foreign Law (Part 2)
by Christopher A. Whytock | May 29, 2020 | Conflict of Laws
In an earlier post, we shared the Black Letter to §§ 5.06 and 5.07 of Tentative Draft No. 1, Chapter 5. Choice of Law, Topic 2. Foreign Law, from Restatement of the Law Third, Conflict of Laws.
Conflict of Laws: Choice of Law – Foreign Law (Part 1)
by Christopher A. Whytock | May 27, 2020 | Conflict of Laws
The following entry contains the Black Letter to §§ 5.06 and 5.07 of Tentative Draft No. 1, Chapter 5. Choice of Law, Topic 2. Foreign Law, from Restatement of the Law Third, Conflict of Laws.
Conflict of Laws: Domicile of Natural and Juridical Persons
by Christopher A. Whytock | May 22, 2020 | Conflict of Laws
The following entry contains the Black Letter and Comments a and b to § 2.01 of Tentative Draft No. 1, Chapter 2. Domicile, from Restatement of the Law Third, Conflict of Laws. The full draft contains additional Comments and Reporters’ Notes.
Reporters’ Guide to: Restatement of the Law Third, Conflict of Laws
by Christopher A. Whytock | May 15, 2020 | Conflict of Laws
In this video summary, Reporters Kermit Roosevelt III, Laura E. Little, and Christopher A. Whytock provide an overview of Tentative Draft No. 1 (2020) of Restatement of the Law Third, Conflict of Laws, which contains parts of Chapter 1, Introduction; Chapter 2, Domicile; and Chapter 5, Choice of Law.
From International Law and International Relations to Law and World Politics
by Christopher A. Whytock | Dec 12, 2018 | Conflict of Laws, U.S. Foreign Relations Law
Political scientists — primarily in the discipline’s international relations subfield — have long studied international law. This article identifies five stages of political science research on international law, including the current interdisciplinary international law and international relations (IL/IR) stage, and it reviews three trends in political science research that constitute an emerging sixth stage of interdisciplinary scholarship: a law and world politics (L/WP) stage.
Internationalizing the New Conflict of Laws Restatement
by Christopher A. Whytock | Aug 17, 2017 | Conflict of Laws, U.S. Foreign Relations Law
Some sixteen years ago, on the occasion of one of many symposia on the possibility of a new Restatement of Conflict of Laws to replace the much derided Second Restatement, Mathias Reimann suggested that a new Restatement should focus on the requirements of what he called “the international age.” Conflict of laws is increasingly international, he pointed out.