David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Compared with scholarship in other conflicts topics, less attention has been paid to the interrelationship of jurisdiction and choice of law. It is generally agreed that as a matter of principle jurisdiction and choice of law are distinct issues and need different processes. The conceptual dichotomy is the foundation of the contemporary conflicts system, including the European harmonisation of private international law. The European jurisdiction rules in civil and commercial matters are contained in the Brussels regime, including Council Regulation 44/2001 and the Lugano Convention; the European choice of law in contracts is harmonised by the Rome Convention, which has been undergoing a process to be converted into a Council Regulation ("Rome I"). Although the legislators have held the willingness to create a systematic and congruent conflicts system, a close scrutiny of the texts of both regimes suggests insufficient consideration has actually been given to the implications of the development of one upon the other. This article aims to focus on the interrelationship of jurisdiction and choice of law in contracts by examining some key issues arising out of the current European context.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Douwe Korff, The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights.
Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.
Robin Widdison, Francis Pritchard & William Robinson (1992). The European Conflicts Guide. Artificial Intelligence and Law 1 (4):291-304.
Ronald A. Brand, The Lugano Case in the European Court of Justice: Evolving European Union Competence in Private International Law.
Aukje A. H. Van Hoek, Transnational Corporate Social Responsibility: Some Issues with Regard to the Liability of European Corporations for Labour Law Infringements in the Countries of Establishment of Their Suppliers.
Dan E. Stigall, An Unnecessary Convenience: The Assertion of the Uniform Code of Military Justice ('Ucmj') Over Civilians and the Implications of International Human Rights Law.
Added to index2009-01-28
Total downloads36 ( #47,027 of 1,098,834 )
Recent downloads (6 months)5 ( #57,750 of 1,098,834 )
How can I increase my downloads?