Absolute Conflicts of Law

75 Pages Posted: 10 Mar 2015 Last revised: 1 Mar 2016

See all articles by Anthony J. Colangelo

Anthony J. Colangelo

Southern Methodist University - Dedman School of Law

Date Written: June 5, 2015

Abstract

This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are, how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity, and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.

The Article then proposes solutions to absolute conflicts that center on the rule of law and fairness to parties — solutions that are in methodological tension with prevailing tests that preference largely if not exclusively state interests. The fairness test the Article advances pulls from considerations courts have been quietly developing over the past few decades and reorients absolute conflict analysis around these considerations. It concludes by showing that a fairness test generates better outcomes for parties, states, and the international legal system generally, not only by better conforming to the rule of law but also by better facilitating transnational activity beneficent to overall welfare.

Keywords: conflict of laws, jurisdiction, foreign sovereign compulsion

Suggested Citation

Colangelo, Anthony J., Absolute Conflicts of Law (June 5, 2015). Indiana Law Journal, Vol. 91, No. 3, 2016; SMU Dedman School of Law Legal Studies Research Paper No. 157. Available at SSRN: https://ssrn.com/abstract=2575993

Anthony J. Colangelo (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
2147682372 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
179
Abstract Views
840
rank
167,035
PlumX Metrics