Growing Convergence, Continuing Divergence: Comparative Remarks on the American and European Private International Law of Torts

Abstrakt

The Restatement Second and Rome II are representatives of two different legal cultures. While Rome II, as the representative of the EU private international law of torts, appears in a formalist way to achieve ‘private international law/conflicts justice’, the American Restatement Second, which adopts an eclectic system of various approaches, appears as a ‘result-oriented’ legal instrument with the underlying idea of achieving ‘substantive justice’. Although these systems have mainly preserved their unique characteristics, they have converged with each other over time. New approaches on both sides of the Atlantic indirectly support this convergence. This article identifies and critically evaluates the main convergent and divergent features of the EU and the US private international laws of torts comprehensively in line with the primary legal sources of information and practice.