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Critically discuss the balance EU law (as retained in the UK) and the ‘better law’ approach strike between conflicts justice and material justice, and between certainty and flexibility.

Private International law

 

‘The pursuit of conflicts justice and legal certainty in EU private international law is misguided. Robert A Leflar’s “better law” approach is the better approach to choice of law.’

Critically discuss the balance EU law (as retained in the UK) and the ‘better law’ approach strike between conflicts justice and material justice, and between certainty and flexibility.