Conflict of Laws, Global Governance, and Transnational Legal Order

UC Irvine Journal of International,Transnational, and Comparative Law, Vol.1, 2016

UC Irvine School of Law Research Paper No. 2018-16

25 Pages Posted: 15 Mar 2018

See all articles by Christopher A. Whytock

Christopher A. Whytock

University of California, Irvine, School of Law

Date Written: March 14, 2018

Abstract

By allocating governance authority among nations, conflict of laws-also known as private international law-helps bring order to transnational activity in a globalized world that lacks centralized legal institutions. In this way, conflict of laws is a distinct form of global governance. Yet conflict of laws rules are predominantly national rules; these rules remain crossnationally diverse; and there is little international agreement on the rules to apply to solve conflict-of-laws problems. Thus, conflict of laws contributes to transnational legal order, but conflict of laws is itself transnationally disordered. Nevertheless, in at least two regions (Europe and Latin America) and two specialized areas of law (family law and commercial law), conflict of laws is increasingly ordered at the transnational level. These developments raise interesting questions about how conflict of laws contributes to transnational legal ordering and about how conflict of laws itself becomes transnationally ordered.

Keywords: Choice of Law, Conflict of Laws, Private International Law, International Law, Comparative Law, Transnational Legal Order, Transnational Legal Ordering, Global Governance, International Relations, Transnational Litigation, International Litigation

Suggested Citation

Whytock, Christopher A., Conflict of Laws, Global Governance, and Transnational Legal Order (March 14, 2018). UC Irvine Journal of International,Transnational, and Comparative Law, Vol.1, 2016; UC Irvine School of Law Research Paper No. 2018-16. Available at SSRN: https://ssrn.com/abstract=3140886

Christopher A. Whytock (Contact Author)

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

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Irvine, CA 92697-8000
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