International Conflict of Laws and The Third Restatement: Duke symposium, 4-5 November 2016

Duke Journal of Comparative & International Law

Duke Journal of Comparative & International Law is organising a symposium this weekend, on “International Conflict of Laws and the Third Restatement”. For more details, continue reading:

Overview

Writing in 2000, Mathias Reimann criticized the Second Restatement of Conflict of Laws for being “largely blind to international concerns.” He argued that since international conflict-of- laws issues have become routine, the next restatement of conflict of laws must be attentive to such issues and that, ideally, it would “come with an implied (or better yet express) warranty that all its principles and rules are fit for international use as well [as for domestic use].” With work on the Third Restatement of Conflict of Laws now underway—and with one of its goals being “to pay greater attention to the international context than the Second Restatement did”—it is time to give careful thought to Professor Reimann’s call for a genuinely international restatement. This conference will bring together leading scholars of conflict of laws to meet with the Third Restatement’s reporters to discuss how the reporters might best address international conflict-of- laws issues and take advantage of comparative methods in their work.

 

Program

Friday Nov 4:

1:00-2:00 – Lunch

2:00-2:30 – Introduction

  • 2:00-2:10 (DJCIL Welcome (Laura Revolinski)
  • 2:10-2:17 International and Comparative Aspects of Conflict of Laws: Ralf Michaels (Duke)
  • 2:18-2:25 International Conflict-of-Laws Issues and the Third Restatement: Chris Whytock (Associate Reporter; UC Irvine)

2:30-3:45 – Panel 1: Comparative Law and International Law in the New Restatement: Ralf  Michaels and Chris Whytock (Chairs)

  • Conflict of Laws Codifications: How might conflict-of-laws codifications around the world inform work on the Third Restatement? Symeon Symeonides (Willamette/NYU)
  • International Law and International Conflict of Laws: Donald Earl Childress III (Pepperdine)

4:15-5:45 – Panel 2: International versus Interstate Conflicts: TBD and Kim Roosevelt (Reporter; Pennsylvania), (Chairs)

  • Unilateralism versus Multilateralism in International Cases: Hannah Buxbaum (Indiana)

o Conflict of Laws in Supranational and Federal Systems: How might the experiences of the EU and national federal systems inform work on the Third Restatement, in particular regarding its treatment of interstate and international conflict-of-laws issues? Horatia Muir Watt (SciencesPo)

Saturday, Nov 5:

7:30-8:00 – Breakfast

8:00-10:00 – Panel 3—Specific Issues I: TBD and Chris Whytock (Associate Reporter; UC Irvine), Chairs

  • Jurisdiction: Linda Silberman (NYU)
  • Party Autonomy: Richard Fentiman
  • Torts and Contracts: Patrick Borchers (Creighton)

10:30-12:00 Panel 4—Specific International Conflict-of-Laws Issues II: TBD and Laura Little (Associate Reporter; Temple), Chairs

  • Family Law and Domestic Relations: Marriage and Divorce: Ann Laquer Estin (Iowa)
  • Family Law and Domestic Relations: Children: Louise Ellen Teitz (Roger Williams; Hague Conference)

12:15-1:00 – Closing Remarks with closing discussion: Mathias Reimann (Michigan)

1:00 – Lunch to go