International and Comparative Law Quarterly

Table of Contents - 2004 - Volume 53, Issue 03  

Articles

SUBSTANCE AND PROCEDURE IN THE CONFLICT OF LAWS: A CONTINUING DEBATE IN RELATION TO DAMAGES

Janeen M Carruthers*

Abstract

The distinction between substance1 and procedure2 is central to conflict of laws methodology. It cannot be determined what law governs a particular issue until, crucially, that issue has been characterized as substantive, on the one hand, or procedural,3 on the other. The distinction is the fulcrum, or axis, of the choice of law process.

Footnotes

* School of Law, University of Glasgow. The author wishes to record her thanks to Dr EB Crawford, School of Law, University of Glasgow, for comments on earlier drafts of this article.

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