Internationalizing the New Conflict of Laws Restatement

12 Pages Posted: 15 Mar 2018

See all articles by Ralf Michaels

Ralf Michaels

Max Planck Institute for Comparative and International Private Law

Christopher A. Whytock

University of California, Irvine, School of Law

Date Written: March 14, 2018

Abstract

This article discusses the international and comparative aspects of the new Third Restatement of Conflict of Laws. The article makes two main arguments. First, it argues that there are legal and practical differences between international conflict-of-laws problems and domestic conflict-of-laws problems, and that the new Restatement should address both types of problems in ways that take those differences into account. Second, it argues that comparative law can and should play a role in the development of the new Restatement. The article concludes with specific recommendations for the internationalization of the Third Restatement of Conflict of Laws.

Keywords: Choice of Law, Conflict of Laws, Private International Law, International Law, Comparative Law, Restatement, Transnational Litigation, International Litigation

Suggested Citation

Michaels, Ralf and Whytock, Christopher A., Internationalizing the New Conflict of Laws Restatement (March 14, 2018). Duke Journal of Comparative & International Law, Vol. 27, No. 3, 2017; UC Irvine School of Law Research Paper No. 2018-15; Duke Law School Public Law & Legal Theory Series No. 2018-28. Available at SSRN: https://ssrn.com/abstract=3140839

Ralf Michaels

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

Christopher A. Whytock (Contact Author)

University of California, Irvine, School of Law ( email )

401 East Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States
(949) 824-0496 (Phone)

HOME PAGE: http://www.law.uci.edu

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