ABSTRACT

This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

chapter 1|10 pages

Introduction

chapter 2|23 pages

Theory in Conflict o f Laws

chapter 3|18 pages

Contracts

chapter 5|18 pages

M arket Torts and Concurrent Liability

chapter 6|18 pages

Non-market Torts

chapter 7|20 pages

Property

chapter 8|40 pages

Jurisdiction and Procedure

chapter 9|19 pages

Corporations as Subjects of Jurisdiction

chapter 10|16 pages

Beyond the Nation State