Toward a New Dialogue between Conflict of Laws and International Law

American Journal of International Law (AJIL) Unbound, Vol. 110, 2016

UC Irvine School of Law Research Paper No. 2018-22

6 Pages Posted: 22 Mar 2018

See all articles by Christopher A. Whytock

Christopher A. Whytock

University of California, Irvine, School of Law

Date Written: March 21, 2018

Abstract

In the United States, there is a tendency for international law scholars to view conflict of laws as outside their discipline, and for conflict-of-laws scholars to view their discipline as separate from international law. This was not always the case: Joseph Story, in his classic 1834 commentaries on conflict of laws, conceived of the field as “private international law.” This essay calls for a new dialogue between conflict of laws and international law. It argues that conflict of laws and international law share a general goal of contributing to global order in a world of territorially defined states with diverse laws; it identifies areas of doctrinal overlap between the fields, using illustrations from the Restatement of Foreign Relations Law and the Restatement of Conflict of Laws; it shows both how conflict of laws might help international law address challenges such as fragmentation, and how international law provides foundations for conflict of laws; and it identifies new trends in interdisciplinary international law/international relations scholarship that extend beyond public international law to include conflict of laws.

Keywords: Choice of Law, Conflict of Laws, Private International Law, International Law, Foreign Relations Law, Global Governance, International Relations, Transnational Litigation, International Litigation

Suggested Citation

Whytock, Christopher A., Toward a New Dialogue between Conflict of Laws and International Law (March 21, 2018). American Journal of International Law (AJIL) Unbound, Vol. 110, 2016, UC Irvine School of Law Research Paper No. 2018-22, Available at SSRN: https://ssrn.com/abstract=3145220

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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