文章基本信息

标题："Are We There Yet?": Towards a New Rule for Choice of Law in Tort
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作者：Walker, Janet
期刊名称：Osgoode Hall Law Journal
印刷版ISSN：0030-6185
出版年度：2000
卷号：38
期号：2
页码：331-367
出版社：Osgoode Hall Law School of York University
摘要：The Supreme Court's effort to establish certainty in this area by basing a firm rule on a clear theory has failed. The intention was laudable but the proposed theory bore little relation to the courts' adjudicative concerns; and the rule sometimes produced injustice, prompting courts to circumvent it. This article considers the brief history of choice of law in tort and recent developments in common law and civil law jurisdictions, and suggests a new theory and a new rule (based on principles of tort law rather than public international law) which are likely to increase certainty by promoting fairness.