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The Application And Avoidance Of Foreign Law In The Law Of Conflicts: Variations On A Theme Of Alexander Nekam, Gregory S. Alexander

Cornell Law Faculty Publications

Lying at the heart of all conflicts theories is a recognition that the function of the law of conflicts is to ensure rational and just solutions to controversies involving foreign elements. A just and rational solution is one that somehow accommodates those elements. This does not mean that the foreign law must be applied but simply suggests that at least some attention should be paid to that law in the process of resolving disputes. From these relatively uncontroversial postulates, one moves to the more difficult problem of defining the role of foreign law in the conflicts setting.

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