This book chapter by Johannes Ungerer considers how behavioural economics can be brought to bear on EU private international law. It argues that, by moving beyond the traditional assumption of rationality, connecting factors may be understood as nudges that steer applicable law and international jurisdiction, with objective connecting factors operating as default rules and party autonomy as a choice architecture for subjective connecting factors. It also says behavioural economics is particularly suited to explaining restrictions on choice and other modifications to connecting factors in consumer protection.
Johannes Ungerer, “Behavioural economics and EU private international law”, Edward Elgar Publishing eBooks, 2026-07-16, 10.4337/9781035318698.00016. https://doi.org/10.4337/9781035318698.00016
