Governmental Interest Analysis

Governmental Interest Analysis

“Governmental Interest Analysis” in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of “Governmental Interest Analysis”, produced by Tetley, in the context of admiralty law: The principle of the conflict of laws according to which the law applicable is to be determined by the identification of the law of the state having the greatest interest in having its law applied to the particular case. The application of the theory requires the court to ascertain which of the states concerned has a more legitimate interest in having its social, economic or administrative policies applied to the legal problem at hand. The term and concept were developed by Brainerd Currie in the United States in his book, Selected Essays on the Conflict of Laws, 1963. The principle is applied in certain American states, but has not been generally accepted outside the U.S. (Tetley, Int’l. C. of L., 1994 at p. 12.)

Governmental Interest Analysis in Admiralty Law

For information on governmental interest analysis in this context, see the entry on governmental interest analysis in the maritime law encyclopedia.


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