Extraterritoriality and Conflict of Laws

40 Pages Posted: 3 May 2022 Last revised: 12 May 2023

See all articles by Anthony J. Colangelo

Anthony J. Colangelo

Southern Methodist University - Dedman School of Law

Date Written: 2022


This Article views the modern federal presumption against the extraterritoriality of U.S. law through the lens of conflict of laws. It argues that the presumption makes many of the same mistakes that conflict methodologies have already made, and sometimes the mistakes are worse. It then proposes a way to harmonize federal extraterritoriality and state choice of law to identify a superior approach to both.

Keywords: Extraterritoriality, Conflict of laws, Governing laws clause, Restatements of the law, United States Supreme Court doctrines, Morrison v. National Australia Bank

Suggested Citation

Colangelo, Anthony J., Extraterritoriality and Conflict of Laws (2022). 44 University of Pennsylvania Journal of International Law 1 (2022), SMU Dedman School of Law Legal Studies Research Paper No. 544, Available at SSRN: https://ssrn.com/abstract=4098883

Anthony J. Colangelo (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
2147682372 (Phone)

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