ABSTRACT
These two articles – one on tort conflicts and one on party autonomy in contracts – are updates of two earlier lectures from my summer 2021 Hague Academy General Course Lectures that were delivered remotely and asynchronously during that summer. Since that time, new drafts of the Torts and Party Autonomy provisions of the Third Restatement of Conflict of Laws have been produced. I have discussed these latest provisions within the framework of the overall thesis of my Hague Academy lectures, arguing that there has been a counter-revolution in private international law in the United States that has retreated from multi-factored standards to favor a regime of rules.
Silberman, Linda, Two Examples of the Counter-Revolution in US Private International Law (Torts and Party Autonomy in Contracts) – From Standards to Rules, New York University School of Law, Public Law Research Paper Forthcoming. Posted to SSRN 1 August 2024.
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