chapter in Encyclopedia of Private International Law (Jürgen Basedow Et Al. (Eds.), 2017)
26 Pages Posted: 28 Jun 2017
Date Written: June 26, 2017
In this entry, which is part of the forthcoming Encyclopedia of Private International Law (edited by Jürgen Basedow, Franco Ferrari, Pedro de Miguel Asensio, & Giesela Rühl, Edward Elgar, forthcoming 2017), I explore the concept of local data. This doctrine comes into play if the applicable law in international torts is not the law of the place where the tortfeasor acted. Many regimes of private international law or conflicts law provide for consideration of local rules of safety and conduct in addition to (and possible different from) the lex causae. Even though the doctrine offers workable results for many scenarios, many doctrinal questions have remained unanswered until today.
Keywords: local data, tort law, choice of law, private international law, moral data, lex causae, Rome II Regulation
JEL Classification: K13, K15, K33
Suggested Citation: Suggested Citation