John P. Bowman | January 2, 2018 | Conflict of Laws, International Commercial and Investor-State Arbitration
Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions sometimes consist of stabilization clauses in the form of “freezing” by incorporation and...
Kenny Chng | December 13, 2017 | Conflict of Laws
The public policy doctrine in the conflict of laws has been often characterised as uncertain and ambiguous. This article aims to examine the doctrine at common law from a theoretical perspective in order to: first, determine whether the substantive considerations...
Jennifer Morinigo | October 24, 2017 | American Indian Law, Children and the Law, Conflict of Laws, Data Privacy, Sexual Assault, Student Sexual Misconduct, Torts: Intentional Torts to Persons
At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes: Law of American Indians: The Council approved Council Draft No. 4, with the exception of § 33 Sovereign Immunity...
Ralf Michaels and Christopher A. Whytock | August 17, 2017 | Conflict of Laws, U.S. Foreign Relations Law
This Article [originally published in the Duke Journal of Comparative & International Law] highlights three proposals for addressing internationalization in the Restatement of the Law Third, Conflict of Laws. INTRODUCTION Some sixteen years ago, on the occasion...
Louise Ellen Teitz | July 28, 2017 | Children and the Law, Conflict of Laws, U.S. Foreign Relations Law
INTRODUCTION Treating internal U.S. conflicts and international conflicts law the same, without distinguishing between them, has always puzzled non-U.S. lawyers and scholars. Europeans often do not understand how we can treat transnational choice of law decisions as...
