The renvoi debate

Abstract

'Much of the discussion of the renvoi doctrine has proceeded on the basis that the choice lies in all cases between its absolute acceptance and its absolute rejection. The truth would appear to be that in some situations the doctrine is convenient and promotes justice, and that in other situations the doctrine is inconvenient and ought to be rejected' . Conflicting views and different approaches seem synonymous with the doctrine of renvoi. It has been regarded by some as a distortion of choice of law principles, while others praise its merits and advocate its 'absolute acceptance'.