12 October 2005

Economic Models for Choice of Law in Tort (Michaels)

Recommended: Ralf Michaels' (Duke University) Research Paper "Private or International? Two Economic Models for Private International Law of Torts" (Duke Law School Legal Studies Research Paper Series No. 73, August 2005, just notified through SSRN). Great as an introductory overview of law and economics approaches to tort choice of law and interesting in its presentation of a 'private' and an 'international' (public) models for such analysis. The author focuses on possible consequences of the choice between these models - looking either at the interests of litigants or the interests of involved States - for the subsequent efficiency analysis . From the introduction:

"I want to test the hypothesis that different paradigms lead to different outcomes, that the different results within economic paradigms are congruent with the different views within traditional doctrinal private international law, and that therefore the debate whether private international law is 'private' or (public) 'international' law, is replicated in the economic analysis of private international law."

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