Development of conflict law in the United States of America

Abstract

In the process of the formation of conflict law as a separate institution, the United States of America has passed a long way from the ideas of Samuel Livermore to the creation of a modern regulatory system, to which a large number of publications are devoted, as well as the recommendations of American Institute of Law. In this article, the author analyses the history and features of the formation of the modern system of US conflict law. The author elaborates and mentions the most notable works on the research topic, and also cites the latest publications of the draft restatement of the law, Third conflict of laws (as defined below) by the American Institute of Law, and also refers to the modern legislation of individual states, in particular, state of California. The author draws a conclusion about the originality of American conflict law, despite its European roots, as well as the flexibility, clarity and ease of understanding of the rules for resolving conflicts, which American legal scholars are trying to give to conflict law as part of the preparation of new restatement of the law, Third conflict of laws.

Author Biography

Ivan Nikolaievich Chumachenko, RUDN University, 6 Miklukho-Maklaya Street, Moscow 117198, Russia

PhD (law); associate professor at the department of civil law and procedure and international private law, Institute of law

References

  1. Мonastyrskii YuE. Gospodstvuyushchie doktriny kollizionnogo prava v SShA [Dominant doctrines of conflict of law in the USA] [dissertation]. Moscow: The Institute of State and Law of the Russian Academy of Sciences; 1999. 136 p. Russian.
  2. Gabor F. Emerging unification of conflict of laws rules applicable to the international sale of goods. UNCITRAL and the New Hague convention on private international law. Northwestern Journal of International Law & Business. 1986;7(4):696–726.
  3. Cheatham E. Sources of rules for conflict of laws. University of Pennsylvania Law Review. 1941;89(4):430–452.
  4. Chumachenko IN. Specific issues of the resolving of the internal and cross-border conflict of laws in the United States of America. Vestnik Omskogo universiteta. Seriya «Pravo». 2020;17(4):31–40. Russian. DOI: 10.24147/1990-5173.2020.17(4).31-40.
  5. Livermore S. Dissertations on the questions which arise from the contrariety of the positive laws of different states and nations. New Orleans: B. Levy; 1828. 172 p.
  6. Story J. Commentaries on the conflict of laws, foreign and domestic, in regard to contracts, rights, and remedies, and especially in regard to marriages, divorces, wills, successions, and judgments [s. l.]: HardPress; 2018. 602 p.
  7. Symeonnides SC, Perdue WC, von Mehren AT. Conflict of laws: American, comparative, international. 2nd edition. Saint Paul: West Group; 2003. 940 p.
  8. Beale JH. Treatise on the conflict of laws. Volume 1. New York: Baker; 1935. 2127 p. Co-published by the «Voorhis & Co».
  9. Leflar RA. Conflicts law: More on choice-influencing considerations. California Law Review. 1966;54(4):1584–1598. DOI: 10.2307/3479391.
  10. Symeonides SC. American private international law. Austin: Kluwer; 2008. 368 p.
  11. Roosevelt K, Little LE, Whytock ChA. Reporter’s guide to: restatement of the law third, cjnflict of laws [Internet; cited 2021 October 10]. Available from: https://thealiadviser.org/conflict-of-laws/reporters-guide-to-restatement-of-the-lawthird-conflict-of-laws/.
  12. von Mehren AT. Recent trend in choice of law methodology. Cornell Law Review. 1975:60(6):927–966.
  13. Weintraub RJ. Courts flailing in the waters of the Louisiana conflicts code: not waving but drowning. Louisiana Law Review. 2000;60(4):1365–1377.
  14. Hook M. Choice of contract law. Oxford: Hart Publishing; 2016. 255 p. (Studies in private international law).
  15. Smith GE. Choice of law in the United States. Hastings Law Journal. 1987;38(6):1041.
  16. Baxter WF. Choice of law and the federal system. Stanford Law Review. 1963;16(1):1–42. DOI: 10.2307/1227322.
  17. Аsoskov AV. Modern American conflict of laws: Brainerd Curries governmental interests analysis concept, its further development and critics. Vestnik Moskovskogo universiteta. Seriya 11. Pravo. 2011;2:85–108. Russian.
  18. Leflar RA. Conflicts law: more on choice-influencing considerations. California Law Review. 1966;54(4):1584–1598. DOI: 10.2307/3479391.
  19. Westbrook JE. Survey and evaluation of competing choice-of-law methodologies: the case for eclecticism. Missouri Law Review. 1975;40(3):407–466.
Published
2021-12-31
Keywords: conflict law, USA, collisions of legal systems, private international law, conflict of jurisdictions, foreign jurisdictions, common law
Supporting Agencies This article has been supported by the RUDN University Strategic academic leadership programme.
How to Cite
Chumachenko, I. N. (2021). Development of conflict law in the United States of America. Journal of the Belarusian State University. Law, 3, 77-85. Retrieved from https://journals.bsu.by/index.php/law/article/view/4354