The modular logic of private international law

Authors:
Phan Minh Dung;Giovanni Sartor
Affiliations:
Asian Institute of Technology, Bangkok, Thailand;CIRSFID-Faculty of Law, University of Bologna, Bologna, Italy
Venue:
Artificial Intelligence and Law - Special issue on Deontic Logic and Normative Systems
Year:
2011

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Abstract

We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be useful for governing the interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, without recourse to a central regulatory agency. The model also provides for multiple interpretations concerning rules of private international law as well as substantive rules of the different legal systems.