‘Local Data’ in European Choice of Law: A Trojan Horse from across the Atlantic?

34 Pages Posted: 21 Jun 2017 Last revised: 22 Jun 2017

See all articles by Tim W. Dornis

Tim W. Dornis

Leuphana University of Lueneburg; New York University School of Law

Date Written: 2016

Abstract

The abyss between modern American and traditional European conflicts law has always been steep. Much ink has been spilled over the question whether choice of law should give regard to state interests and substantive policies (as in the United States) or whether it should remain a discipline of technical rules focused largely on territorial connections (as in Europe). But the two worlds are no longer as distant as they once were. One area of rapprochement is the domain of “local data.” While the issue of local data has largely been viewed as deepening, not lessening, the intercontinental chasm, a closer analysis reveals that it actually holds the promise of forging a common territory.

Keywords: Conflicts Law, Choice-of-Law, Comparative Law, Local Data, Moral Data, Interest Analysis, Rome II Regulation

JEL Classification: K13, K15, K22, K33

Suggested Citation

Dornis, Tim W., ‘Local Data’ in European Choice of Law: A Trojan Horse from across the Atlantic? (2016). Georgia Journal of International and Comparative Law, Vol. 44, No. 2, Spring 2016, Available at SSRN: https://ssrn.com/abstract=2989244

Tim W. Dornis (Contact Author)

Leuphana University of Lueneburg ( email )

Universitätsallee 1
Lüneburg, 21335
Germany

HOME PAGE: http://https://www.leuphana.de/en/institutes/lls/persons/tim-w-dornis.html

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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