International accidents and the choice of law (1982)
AuthorsRichardson, S. M.show all
The choice of law dilemma for international accidents is the subject of this thesis. Part A contains an outline and discussion of the traditional judicial approaches adopted for torts in general in various epochs by a variety of jurisdictions. The lex fori, the lex loci delicti and a combination of both, which is the traditional English approach, are considered. A selection of modern academic alternatives to the traditional rules follows. In Part B some legislative solutions both actual and proposed, national and international are given. It is the aim of the first two parts of the thesis to demonstrate that the law, especially in jurisdictions which follow the traditional English approach, is in an unsatisfactory state of flux. Whilst unification of the rules of private international law are seen as the ultimate goal, it is argued that there is a need for an immediate, albeit less ambitious, solution. Because of the dearth of judicial decisions in many jurisdictions it is suggested that legislation on a national basis be adopted. The aims of such legislation are considered and a proposed Draft Bill is presented in Part C. The Draft Bill is applied to a sample of decided cases to illustrate that if implemented at a national level it would provide an immediate adequate solution for international accidents. By way of conclusion a summary in diagrammatical form compares the law applied in decided cases with both the proposed Draft Bill and other legislative approaches discussed in Part B.