The Other State’s Interests

Abstract

Choice-of-law scholarship, these days, is engaged in sorting through the basic building blocks of modem choice-of-law theory, trying to determine what is worth saving, what should be discarded, and what should be modified to better fit current needs. One important question currently under reconsideration is the concept of an "interest." This article examines the method that the forum uses in determining another state's interests and suggests that the forum should follow a somewhat different approach when defining the other state's interests than it uses in ascertaining its own. Furthermore, scholars should take this difference into account when recommending to the forum how it ought to go about applying modem choice-of-law methods.