Conflict of laws in international torts cases: the need for reform on both sides of the Tasman

Gray, Anthony (2006) Conflict of laws in international torts cases: the need for reform on both sides of the Tasman. Yearbook of New Zealand Jurisprudence, 9. pp. 113-140. ISSN 1174-4243

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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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Deposited with permission of publisher.
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 11 Oct 2007 01:00
Last Modified: 02 Jul 2013 22:43
Uncontrolled Keywords: conflict of laws; international law; choice of law
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
18 Law and Legal Studies > 1801 Law > 180116 International Law (excl. International Trade Law)
18 Law and Legal Studies > 1801 Law > 180107 Conflict of Laws (Private International Law)
URI: http://eprints.usq.edu.au/id/eprint/2229

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