The American
and European Revolutions on Choice of Law in Tort with Foreign Element: Case
Studies for the Practice of Conflict of Laws in Nigeria
Temple C.
Williams
University of Ibadan, Nigeria
Abstract
The Revolutions
across America and Europe on tort choice of law in conflict of law situations
are quite remarkable. They remind us of the progressing voyage of modern
societies, legal systems inclusive, in meeting the demands and peculiarities of
changing times. In particular, they also speak volume of the pace with which
the western bloc is advancing in the practice of conflict of laws. Using the
Revolutions as case studies, this paper reveals that the Nigerian experience
cannot be said to be at par as it concerns the development of Private
International Law. This is reflected in the current position on tort choice of
law which favours the common law principle of double actionability. Undeniably,
we are miles apart from the current position in America and Europe where
conflict rules on tort choice of law have evolved immensely. While conceding
that there exists a Nigerian voice on tort choice of law evidenced in Benson v. Ashiru as proof that the
problematic of conflict practice is not absolute; the paper diagnoses some
factors possibly among others militating against the thriving of conflict
practice in Nigeria and ,by way of conclusion, articulates a way forward.
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