International Conflict of Laws and the New Conflicts Restatement

20 Pages Posted: 5 May 2017 Last revised: 6 May 2017

Donald Earl Childress III

Pepperdine University School of Law

Date Written: May 4, 2017

Abstract

This contribution to a symposium on internationalizing the new Conflicts Restatement examines the impact that transnational cases have had on judicial decisions in the United States, and how the resolution of these cases by U.S. courts may be helpful to the drafters of the new Conflicts Restatement. We begin with the observation that recent transnational cases, regardless of whether they are treated separately by the new Conflicts Restatement, offer important insights into the current and evolving conflict-of-laws process in the United States. These cases also offer insight into the ways in which the new Conflicts Restatement’s focus on scope and priority should be developed. Part I explores how the presumption against extraterritoriality relates to the new Conflicts Restatement’s concern with scope and priority. Part II considers whether the new Conflicts Restatement should consider larger, regulatory conflicts in the transnational arena, and, if so, how to deal with them, especially in the context of the priority question. This contribution concludes with some points for further study that should be examined by the new Conflicts Restatement.

Keywords: choice of law, conflict of laws, private international law, Restatement, Comity, Extraterritoriality

Suggested Citation

Childress III, Donald Earl, International Conflict of Laws and the New Conflicts Restatement (May 4, 2017). Duke Journal of Comparative & International Law, Vol. 27, No. 361, 2017; Pepperdine University Legal Studies Research Paper No. 2017/9. Available at SSRN: https://ssrn.com/abstract=2963385

Donald Earl Childress III (Contact Author)

Pepperdine University School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-506-4807 (Phone)

HOME PAGE: http://www.law.pepperdine.edu/academics/faculty/childress.html

Paper statistics

Downloads
69
Rank
276,913
Abstract Views
185