ABSTRACT
In chapter 1, we claimed we would develop a pragmatic theory of private international law. We said there that such an attempt at theorisation would need to do three things. First, it would need to refer to the theory underlying substantive law areas. Second, it would emphasise party interests, not state interests, since the former are more tractable and more justifiable. Third, our approach was to be transactional, focusing on how conflicts rules affect decision making and strategic behaviour. To be pragmatic, a theory needs to minimise reliance on excessively conceptual or metaphysical methods — it must look forward, not backward.
