ABSTRACT
This article challenges the notion that choice of law consists merely of rules designating an applicable law. Instead, it argues for a system resting on three pillars: choice of law rules, state interests and vested rights. It demonstrates how state interests and vested rights have become much more powerful in recent years, exerting pressure on choice of law rules and the traditional analysis of choice of law methodology. Integrating both state interests and vested rights into the analysis not only helps to paint a more accurate picture of choice of law, but also provides guidance for deciding difficult cases. To show this, the article offers both theoretical reflections and four case studies addressing particularly pertinent choice of law issues.
Felix Berner, Choice of law rules under pressure – the growing power of state interests and vested rights in private international law, Journal of Private International Law volume 22, issue 1, pp 110-131. Published online: 8 May 2026.
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