The Interest Approach to Choice of Law: With Special by Amos Shapira M. Jur. (Jerusalem), M.C.L. (Columbia), J.S.D.

By Amos Shapira M. Jur. (Jerusalem), M.C.L. (Columbia), J.S.D. (Yale) (auth.)

This booklet relies on a doctoral thesis submitted to Yale collage legislations institution in 1968. I desire to recognize my private gratitude to my tremendous­ visor within the writing of the thesis, Professor Ronald M. Dworkin, whose in­ attractions and feedback have conspicuously contributed to the current paintings. many times i've been encouraged via the information expressed by way of hirn either in own discussions and in his clash of legislation and Jurisprudence classes. it's been my privilege additionally to have had Professors Leon S. Lipson and Guido Calabresi as supervisors. i've got derived nice take advantage of their sug­ gestions. A clearly feIt appreciation is expressed to all 3 folks. a different debt of gratitude is as a result of the Yale legislations institution for the gener­ ous monetary aid prolonged to me. I additionally desire to list my indebtedness to the Hebrew college of Jerusalem and to Tel-Aviv collage for his or her monetary assistance. i'm tremendous thankful to Mr. Michael Reiss, '68 Yale legislation tuition for his major editorial guidance. thank you also are because of my spouse Ettie for valuable support and encouragement. ultimately, I desire to thank the publishers for his or her courtesy and cooperation. A.S.

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Example text

But see CAVERS, THE CHOICEOF-LAW PROCESS 147-48 n. 12 (1965). 136 Por citations to text see De Nova, Current Developments 0/ Private International Law, 13 AM. J. COMP. L. 542, 552 n. 40 (1964). The Provisions of the draft are discussed in id. at 551-53. 137 See CHESHIRE, supra note 90, at 240 n. 4; RABEL, supra note 107, at 235-36 n. 20. 138 For citation see Drion, supra note 128, at 230 n. 15. 132 30 THE TRADITIONAL APPROACH TO CHOICE OF LAW 1942 provides that "No-contract obligations are governed by the law of the place where the facts from which they arise took place.

160 161 CHAPTER II THREE PRELIMINARY CLARIFICATIONS: TRANSNATIONAL VERSUS INTERSTATE CONFLICTS, THE LEX FORI THRESHOLD AND FOREIGN LAW AS FACTUAL DATUM Having analyzed and criticized, in the preceding chapter, the various aspects of the traditional approach, it is proposed now to embark upon a systematic construction of a different choice-of-Iaw methodology. But first three unrelated preliminary matters must be clarified. These are: the distinction between transnational and interstate conflicts, the lex fori threshold of the proposed methodology, and the foreign law as factual datum phenomenon.

2d 99 (1954); and Babcock v. Y. E. 2d 279 (1963). 44 THREE PRELIMINARY CLARIFICATIONS course, be accorded proper weight. It seems that the peculiar flavor of transnational conflicts contexts would assume a dominant role primarily with regard to the practical aspects of the offered methodology. B. THE LEX FORI THRESHOLD 1. " More precisely, an endeavor will be made to administer the choice-of-Iaw process so as to make it simultaneously responsive to both the public and the private interests implicated in any given controversy.

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