David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The Anglo-Australian literature on the interaction between choice-of-law and statutes identifies two competing methods for determining the application of forum statutes in transnational litigation. The classical method is that statutes of any legal system, including the forum, should be applied only if they are indicated as part of the governing law by the relevant choice-of-law rules. The alternative method requires that courts of the forum give priority to forum statutes, by determining whether those statutes apply of their own force, before considering choice-of-law. Recent cases suggest that the courts are likely to apply the second method, and are likely to conclude that forum statutes are applicable of their own force. This article argues that this method has the propensity to invest too many forum statutes with an internationally mandatory effect, and that it undermines the important internationalist objectives of the conflict of laws. These problems are compounded when one takes into account the ability of claimants to choose their forum, and by this means to manipulate the extent to which legislation is applied. The article concludes that the first method is superior and should be applied, unless forum legislation specifically states that it has an internationally mandatory effect.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Charles J. Nerko, Assessing Fourth Amendment Challenges to DNA Extraction Statutes After Samson V. California.
Joan Catherine Bohl, Brave New Statutes: Grandparent Visitation Statutes as Unconstitutional Invasions of Family Life and Invalid Exercises of State Power.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Added to index2009-01-28
Total downloads29 ( #84,968 of 1,696,514 )
Recent downloads (6 months)2 ( #247,412 of 1,696,514 )
How can I increase my downloads?