Part I Introduction, 2 Historical Development and Current Theories
Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara WalkerEdited By: Paul Torremans, James J. Fawcett
- Choice of law clauses — Jurisdiction clauses — Limitations on jurisdiction
This chapter provides an overview of the historical development of private international law as well as current theories on the subject. It first traces the early history and later development of private international law in England before discussing the varied approaches to private international law in the twentieth and early twenty-first centuries. In particular, it considers the theory of vested or acquired rights, local law theory, and the American revolution. Two general approaches common to most of the ‘revolutionaries’ are highlighted: the first is rule selection or jurisdiction selection, and the second is true and false conflicts. There are several rule-selection techniques such as governmental interest analysis approach, the comparative impairment approach, principles of preference, interpretation of forum policy, and choice of law factors. The chapter also examines the Europeanisation of private international law and concludes with an assessment of the theoretical or doctrinal basis of English private international law.