Patrick Borchers, ‘How “International” Should a Third Conflicts Restatement Be in Tort and Contract?’

Introduction:
The question on the floor, I take it, is whether in drafting the Third Conflicts Restatement special considerations (or perhaps even rules) should come into play in tort and contract conflicts cases in which the involved jurisdictions are not all states of the United States. This is a question that — in my view — admits of no easy answer. One might think that the question should be easier to answer in the seemingly benign fields of tort and contract, which are the subjects of this essay. Both tort and contract concepts under the common law have reasonably direct analogs in virtually every legal system. They do not involve complex and distinctively American statutory regimes such as the Securities Exchange Act or the Racketeer Influenced and Corrupt Organizations Act, both of which the US Supreme Court has construed in implausibly narrow fashions to limit their impact abroad … (more)

Patrick J Borchers, ‘How “International” Should a Third Conflicts Restatement Be in Tort and Contract?’, 27 Duke Journal of Comparative and International Law 461-483 (2017).

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