In discussion with an old friend, he mentioned Contracts as being (to Law) the equivalent of Newton Mechanics (to Physics). That made me wonder about the legal branch that would be the equivalent of Quantum Mechanics.
The best answer would be the International Private Law, and more exactly the part in relation to Conflict of Laws-one of the most complex and theoretical elaborated legal fields.
The best answer would be the International Private Law, and more exactly the part in relation to Conflict of Laws-one of the most complex and theoretical elaborated legal fields.
I became interested in it and noticed the problem of characterization. Later on, I discovered Ernst Rabel, a German scholar, who formulated, 80 years ago, a program to use comparison in trans-national (autonomous) characterization. Nothing was achieved from his ambitious approach in a world where national judges' practice was still dominated by characterization according to ‘lex fori’.
However, concerning the Convention of Brussels I, about conflicts of jurisdiction in Europe, relatively recent evolution has reactivated Rabel's program, although within a different, international setting.
I dedicated a paper to this topic, which is visible at SSRN: https://ssrn.com/abstract=2880746.
My research explores the significance and articulations of Rabel's original program in the first historical part.
The second part focuses on the comparison used for trans-national/autonomous characterization of the Convention of Brussels 1 by the European Court of Justice. Based on significant decisions within a 40 years period, the analysis uncovers the reasons, the features, and the limits of such a powerful interpretative instrument.
Eventually, this instrument might be used outside of international settings to interpret more recent EU Regulations (such as Brussels1, Brussels 2, Brussels 3, or Rome 1, Rome 2, and Rome3).
