Below is the abstract for “Conflict of Laws: Choice of Law Theories in Tort,” available for download on SSRN.
Conflict of laws arises when various legal systems intersect, typically involving laws from different jurisdictions. The interactions between people in areas such as employment, trade, and marriage, spanning different countries, often require the application of legal principles and regulations that originate from jurisdictions other than the one where a particular case is being adjudicated. Cases involving individuals and situations with foreign elements are encompassed within the ecosystem of conflict of laws. Additionally, issues related to tort law can frequently be at the forefront of conflict of laws disputes. This article delves into the theories governing the choice of law rules in tort cases within the context of conflict of laws. In-depth examination is provided on the three primary choice of law theories in tort, along with an evaluation of their respective advantages and disadvantages.