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Unpublished Paper
The concept of Renvoi in the Conflict of Laws
ExpressO (2008)
  • Abhishek Bharti
Abstract
Being one of the most theoretically challenging concepts in private international law, generations of conflict-of-laws scholars have debated the question and concept of Renvoi. It is the instant topic under study in the due course of the research paper.In precise terms, when the choice of law process points a forum court to another jurisdiction's law, the question that arises is: how much of that other jurisdiction’s laws should apply? Does the reference to the other law include that jurisdiction's choice of law principles, or, alternatively, does it include only the jurisdiction's "internal law" principles? If the reference includes both internal law and conflicts principles, the foreign conflicts principles may point the inquiring court back to the forum's law or to a third jurisdiction's law. This question--whether a forum should consult the choice of law rules of other jurisdictions--is called renvoi.The researcher proposes to look into the aspects like Doctrine and Approaches of renvoi , its specialized forms of single and multiple renvoi, judicial responses pertaining to the concept of renvoi from the courts of United Kingdom, United States of America and France .The judicial responses have special importance as the position before the courts can be looked into through the decisions only.
Disciplines
Publication Date
June 10, 2008
Citation Information
Abhishek Bharti. "The concept of Renvoi in the Conflict of Laws" ExpressO (2008)
Available at: http://works.bepress.com/abhishek_bharti/1/