The Liberal Approach



Of numerous decisions in which the Convention was applied by courts not stating any preference for either the objective or the subjective test, many are unhelpful to the present inquiry; these decisions do not reflect a spirit of liberalism according the Convention a relatively wide sphere of operation, but reveal a spirit of trepidation and confusion that refuses to take part in the dispute.1 The court accumulates all the foreign elements in the case before it and holds the contract to be international, without indicating which, if any, of these elements it regarded as being essential to its decision.


Liberal Approach Liberal View Foreign Element Conflict Rule Nationality Test 
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© Martinus Nijhoff, The Hague, Netherlands 1976

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