interest analysis technique

interest-analysis technique. Conflict of laws. A method of resolving choice-of-law questions by reviewing a state’s laws and the state’s interests in enforcing those laws to determine whether that state’s laws or those of another state should apply.

— Also termed governmental-interest-analysis technique. [Cases: Action 17. C.J.S. Actions §§ 18–20; Conflict of Laws §§ 2–3, 12, 15, 20, 23, 27–32, 34–40, 42–48, 50–65, 96–97, 100, 102, 105–107.]

“Professor Brainerd Currie gets the major credit for developing the interest analysis, or governmental interest analysis, technique. Interest analysis requires an examination into competing laws to determine their underlying policies and the strength of the relative interests the competing sovereigns have in the application of their respective laws in the particular situation. The facts will vary and the strength of the relevant policies will wax and wane accordingly.” David D. Siegel, Conflicts in a Nutshell 237 (2d ed. 1994).


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