About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

22 Vand. L. Rev. 27 (1968-1969)
Private International Law and Its Sources

handle is hein.journals/vanlr22 and id is 39 raw text is: Private International Law and Its Sources Elliott E. Cheatham* Harold G. Maier** INTRODUCTION Professors Cheatham and Maier raise the question, What are the sources of the law applied in private international cases? The authors consider this question under two main headings. The first deals with the authoritative sources of private international law a applied in United Stat-es courts. It considers the question, Where, within the complex governmental structure of the United States, does power over private international matters rest? Several possible sources are considered: public international law, state law, and federal law, and within federal law, the major components: international agreements, legislation, federal common law and executive law. The second part of the article deals briefly with the fundamental sources of private international law. Here, the authors seek to identify those basic policies which guide a law-making body in laying down and developing principles of private international law. In the process, they suggest a number ofthreats to the development of effective private international rules. In economic and social matters the United States is a unit. Under the protection of the Constitution, goods move freely and people drive or fly across the continent almost without thought of state lines. In government and law, however, the United States is diverse,' and the diversities give rise to many problems. Analogously, increased speed and ease of transportation have made trade and intercourse between nations as easy as it was between the states a generation ago and easier than it was between counties when the nation was founded. Consequently, diversities in government and law among the nations create problems in the international field parallel to those within the United States. This article is concerned with some aspects of the enlarging international relations, the sources of private international law. . Research Professor of Law, Vanderbilt University School of Law; LL.B., Harvard University, 1911. ** Associate Professor of Law, Vanderbilt University School of Law; J.D., University of Cincinnati, 1963; LL.M., University of Michigan, 1964. I. [flhe United States. . . has perhaps the most complicated legal structure that has ever been devised and made effective in man's effort to govern himself.. . . Only an American who has grown up in the system, and come to think of it as a part of the order of nature, can fail to see how intricate it is. E. GRISWOLD, LAW AND LAWYERS IN THE UNITED STATES 3, 64 (1964).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most