| Summary: | This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines, and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. This book reveals that, despite the multiplicity of titles and labels within the myriad choice-of-law rules and practices of the US, Canadian, European, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice, whereby the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification for the nature (and limits) of such popular principles as "party autonomy," "most significant relationship," and "closest connection" (Chapters 2 and 3), discusses such topics as the actual operation of "public policy" doctrine in domestic courts (Chapter 4) and the relation between the notion of international human rights and international commercial dealings (Chapter 5), and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age (Chapter 6).
This work focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines, and concepts. It offers a conceptual account of choice of law, called 'choice equality foundation' (CEF), which aims to flesh out the normative basis of the subject.
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