Renewal of the conflict of laws theory in a federal context.

Summary The federalization of the context in which conflicts of laws arise makes it possible to consider the renewal of conflict theory concerning the sources of the conflict rule and its implementation. The enactment of conflict rules can be entrusted either to federal authorities or to member states. Federalism thus simply transforms the nature of the problem, which becomes political and whose solution will depend on the respective competences of the Federation and the member states in the field of private international law. As regards the determination of the applicable law, federalism allows either the adaptation of the Savignian method, with which it has a certain philosophical proximity, or a radical revolution brought about by the new economic, political and legal conditions that accompany it. Theoretical reflections are accompanied by concrete examples taken from the European and American federal contexts that reveal the differences.