Law 5110 Study Guide - Quiz Guide: Lex Fori, Legal Certainty
Document Summary
Theories on pil: local law theory: the use of conflict rules can be seen as legitimizing foreign law. This may tacitly lead to a preference of the lex fori. If there is no international obligation to apply foreign law, the use of pil may be deemed superfluous. The use of foreign law entails foreign perceptions of values. It is thought that the application of foreign law is in the interests of the forum country. It is simply deemed to be better suited for a situation with closer connections with a foreign country: application of the principle of closest connection can contribute to achieving legal certainty and security. If lex fori were solely applied, there would be a large range of possible outcomes, and plaintiffs may be encouraged to forum shop for the most advantageous forum. This leads to "limping" legal relationships (valid in some jurisdictions but invalid elsewhere).
