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The Other State’s Interests, 24 Cornell Journal of International Law 233 (1991)


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.

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