Codifying Choice of Law Around the World Codifying Choice of Law Around the World An InternAtIonAl CompArAtIve AnAlysI s Symeon C. Symeonides Foreword by Lord Collins of Mapesbury Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trademark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016 © Oxford University Press 2014 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging-in-Publication Data Symeonides, Symeon, 1949- author. Codifying choice of law around the world : an international comparative analysis / Symeon C. Symeonides ; Foreword by Lord Collins of Mapesbury. pages cm Includes bibliographical references and index. ISBN 978-0-19-936084-0 ((hardback) : alk. paper) 1. Comparative law. 2. Conflict of laws. I. Title. K583.S96 2014 340.9—dc23 2013040833 9 8 7 6 5 4 3 2 1 Printed in the United States of America on acid-free paper Note to Readers This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate. (Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) You may order this or any other Oxford University Press publication by visiting the Oxford University Press website at www.oup.com. To Lythrodontas, my humble village Summary Table of Contents List of Charts xvii List of Figures xix List of Maps xxi List of Tables xxiii Foreword xxv Preface xxvii Abbreviations xxix List of Choice-of-Law Codifications xxxv List of EU Regulations (and Conventions) xli List of International Conventions xliii 1. Introduction 1 2. Law Governing Tort Conflicts 39 3. Party Autonomy in Contract Conflicts 109 4. Codification and Flexibility 171 5. Broad or Narrow Choice of Law: Issue-by-Issue Choice and Dépeçage 219 6. Codification and Result Selectivism 245 7. The Publicization of PIL: Unilateralism, State Interests, and International Uniformity 289 8. Conclusions 345 appendix Codifications, Regulations, and Conventions: Alphabetical List and Bibliography 353 index 401 vii