
Contents
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I. Introduction I. Introduction
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A. What’s in a Name: Private or Public Law? A. What’s in a Name: Private or Public Law?
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1. International 1. International
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2. Private 2. Private
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B. Internationalist Heritage and Aspirations B. Internationalist Heritage and Aspirations
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C. Protectionist Urges C. Protectionist Urges
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II. Unilateralist Inroads in Choice-of-Law Codifications II. Unilateralist Inroads in Choice-of-Law Codifications
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A. Localizing Rules in Substantive Statutes A. Localizing Rules in Substantive Statutes
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1. Consumer Contracts 1. Consumer Contracts
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2. Insurance Contracts 2. Insurance Contracts
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3. Franchise, Distributorship, and Commercial Agency Contracts 3. Franchise, Distributorship, and Commercial Agency Contracts
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4. Employment Contracts 4. Employment Contracts
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5. Other Contracts 5. Other Contracts
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6. Antitrust 6. Antitrust
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B. Mandatory Rules or Rules of Immediate Application B. Mandatory Rules or Rules of Immediate Application
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1. The Concept 1. The Concept
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2. Scholastic Discovery 2. Scholastic Discovery
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3. Legislative Sanction 3. Legislative Sanction
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4. Mandatory Rules, Unilateralism, and State Interests 4. Mandatory Rules, Unilateralism, and State Interests
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C. Unilateral Choice-of-Law Rules C. Unilateral Choice-of-Law Rules
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1. Old-Fashioned, General Unilateral Rules 1. Old-Fashioned, General Unilateral Rules
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2. Unilateral Rules for Tort Conflicts 2. Unilateral Rules for Tort Conflicts
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a. Inward-Looking Rules a. Inward-Looking Rules
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b. Outward-Looking Rules b. Outward-Looking Rules
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3. Multiple Nationalities 3. Multiple Nationalities
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4. Capacity 4. Capacity
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5. Marriage 5. Marriage
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6. Divorce 6. Divorce
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7. Adoption 7. Adoption
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8. Maintenance 8. Maintenance
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9. Successions 9. Successions
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10. Formal Validity 10. Formal Validity
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11. Contracts 11. Contracts
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12. Rights in Movables 12. Rights in Movables
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13. Mea Culpa 13. Mea Culpa
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D. Multilateral but Non-impartial Choice-of-Law Rules D. Multilateral but Non-impartial Choice-of-Law Rules
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III. Assessment III. Assessment
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A. A Paradigm Shift A. A Paradigm Shift
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B. Methodological Implications: From Antagonism to Co-existence B. Methodological Implications: From Antagonism to Co-existence
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C. Unilateralism and State Interests C. Unilateralism and State Interests
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D. Unilateralism and Parochialism D. Unilateralism and Parochialism
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E. The Unilaterality of Multilateralism E. The Unilaterality of Multilateralism
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F. Comparison F. Comparison
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G. The Loss of Innocence G. The Loss of Innocence
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7 The Publicization of PIL: Unilateralism, State Interests, and International Uniformity
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Published:May 2014
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Abstract
This chapter discusses the extent to which choice-of-law codifications continue to serve the supreme goal of classic PIL(international uniformity. The discussion shows that, although uniformity remains the official desideratum, it is often subordinated to the need to protect the values or interests of the enacting state. The discussion identifies several covert and overt mechanisms for such protection, including the use of “localizing statutes,” “mandatory rules,” inward-looking unilateral rules, and carefully crafted exceptions to bilateral rules.. The discussion suggests that, although states are not as parochial as Brainerd Curried assumed, neither are they as internationally minded as Friedrich Savigny had hoped, and that choice of law is no longer—and perhaps never was—as “innocent” or ideologically neutral as it is claimed to be.
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