Conflict of laws in international torts cases: the need for reform on both sides of the Tasman
Article
Article Title | Conflict of laws in international torts cases: the need for reform on both sides of the Tasman |
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ERA Journal ID | 35348 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Yearbook of New Zealand Jurisprudence |
Journal Citation | 9, pp. 113-140 |
Number of Pages | 28 |
Year | 2006 |
Place of Publication | Hamilton, New Zealand |
ISSN | 1174-4243 |
Web Address (URL) | http://www.waikato.ac.nz/law/ |
Abstract | The article compares the New Zealand and Australian positions regarding choice of law rules for international torts, concluding that current jurisprudence in both countries could further align so that the law of the place of the wrong is applied to resolve the case, subject to a flexible exception. The article concludes that New Zealand's adherence to double actionability is untenable, as is the refusal of the Australian High Court to entertain a flexible exception to the rule that the law of the place of the wrong is the applicable law. |
Keywords | conflict of laws; international law; choice of law |
ANZSRC Field of Research 2020 | 480605. Tort law |
489999. Other law and legal studies not elsewhere classified | |
480303. Conflict of laws (incl. private international law) | |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | Department of Law |
https://research.usq.edu.au/item/9y18q/conflict-of-laws-in-international-torts-cases-the-need-for-reform-on-both-sides-of-the-tasman
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