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Full-Text Articles in Law
The Effects Test: Extraterritoriality's Fifth Business, Austen Parrish
The Effects Test: Extraterritoriality's Fifth Business, Austen Parrish
Vanderbilt Law Review
The world has recently seen a tremendous expansion in countries using extraterritorial laws'-laws that regulate the activities of foreigners outside a country's borders. In the United States, domestic laws now commonly regulate extraterritorial conduct and transnational litigation has blossomed. No longer limited to the antitrust and commercial contexts, courts apply all sorts of public and private laws to activity occurring abroad. Academics have encouraged the trend, finding the notion that law should be tied to territory to be an archaic remnant of a preglobalized world. In an age of globalization, the argument goes, law should find national and political borders …
Liberating The Individual From Battles Between States, Matthias Lehmann
Liberating The Individual From Battles Between States, Matthias Lehmann
Vanderbilt Journal of Transnational Law
Current theories of conflict of laws have one common feature: they all consider the question of the applicable law in terms of a conflict between states. Legal systems are seen as fighting with each other over the application of law to a certain case. From this perspective, the goal of conflicts methods is to assign factual situations to the competent rule maker for resolution. Party autonomy presents a problem for this view: if individuals are allowed to choose which law will be applied to their dispute, it seems as if private persons could determine the outcome of the battle between …