미국 국제사법에 있어서 불법행위의 준거법 선택 원칙 - 대규모 불법행위의 준거법 문제를 중심으로 -

The globalization of modern society has blurred the boundaries of human and material exchanges, leading to an unprecedented frequency of cross-border movement and interaction. As a result, international legal disputes arising from torts have significantly increased, with mass torts - those involving numerous victims and multiple legal systems - emerging as complex legal challenges. In such cases, the determination of the applicable law plays a crucial role in ensuring both substantive justice and procedural fairness. The United States, as a federal system, allows each state to maintain its own tort laws and private international law principles. Traditionally, the U.S. adopted the lex loci delicti rule, which applies the law of the place where the tort occurred. This approach sought legal certainty through uniform application of the local law. However, it has been criticized for its inability to adequately reflect the complexities of modern tort cases that span multiple jurisdictions, often leading to results lacking in substantive fairness. Consequently, since the mid-20th century, U.S. courts have moved toward more flexible methodologies, including the Governmental Interest Analysis theory, the "most significant relationship" test found in the Restatement (Second) of Conflict of Laws, and the consideration of choice-influencing factors. In mass torts involving product liability, environmental pollution, or pharmaceutical side effects, victims are often dispersed across several states or even countries. This dispersion creates the possibility that different laws may apply to different victims. In response, U.S. federal courts have employed procedural tools such as Multi-District Litigation (MDL) and class actions to promote efficient dispute resolution. However, these mechanisms pose significant challenges in terms of determining the commonality and uniformity of applicable laws. Against this backdrop, this paper examines the development and characteristics of choice-of-law principles for torts in U.S. private international law, with a particular focus on their application in mass tort cases. It analyzes relevant legal doctrines and case law to provide a comprehensive understanding of how U.S. courts navigate the complex terrain of governing law in multi-jurisdictional tort litigation.