Recueil Des Cours, Collected Courses, Tome 431
Description:... Common Law, Equity and Statute: The Effect of Juridical Sources on Choice-of-Law Methodology by Tiong Min Yeo.
Methodological issues in choice of law can arise in Anglo-Commonwealth common law systems because of the structure of legal rules in such systems. Statutes override judge-made law, even if judges are the ultimate authority on the question of interpretation. Within judge-made law, equitable principles override the common law in the event of conflict. Most of the choice of law rules have been developed in the courts within the common law (as opposed to the equitable) jurisdiction. It has sometimes been argued that different choice of law approaches should apply when the equitable principles or statutory law of the forum are invoked. The main contours of the controversies and the practical implications of the different approaches that have developed in common law systems are examined.
New Trends in Private International Law of Insurance Contracts by Marco Frigessi Di Rattalma.
The Third Restatement of Conflict of Laws by Kermit Roosevelt III.
In 2014, the American Law Institute began work on the Third Restatement of Conflict of Laws, with Professors Kermit Roosevelt, Laura Little, and Chris Whytock as Reporters. The Third Restatement is the successor to the Second Restatement, published in 1971 and currently followed by a majority of States of the United States. This course provides an exposition and explanation of the Third Restatement, focusing on choice of law. It begins with a historical overview of American choice of law and the insights generated by the American choice-of-law revolution. It then considers the Second Restatement, both as an attempt to develop those insights and as a method of producing the information necessary for the drafting of a Third Restatement. Finally, it describes the general theory and the concrete operations of the Third Restatement, with special attention to choice of law for contracts and non-contractual obligations.
Colonialism: A Short History of International Law in Five Acts by Philippe Sands.
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