For Better or Worse? The Europeanisation of the Conflict of Laws |
| |
Authors: | Nott Susan M |
| |
Institution: | (1) Liverpool Law School, Liverpool University, Liverpool, L69 7ZS, UK |
| |
Abstract: | From its very beginnings the European Union(EU) has taken an interest in that area of legal activity known as the conflict
of laws or private international law. The purpose of the conflict of laws is to determine how a national court should behave
when confronted with a legal dispute that involves a foreign element. A state's conflict rules will provide the answer to
three basic questions: in what circumstances their courts may assume jurisdiction over cases involving a foreign element,
what system of municipal law to apply (their own or that of some foreign legal system) and which foreign judgments are capable
of recognition and enforcement within their national system. The very fact that the EU exists in order to bring states together
to form a single internal market would seem likely to provoke conflict of laws situations. It, therefore, appears unremarkable
that the EU has agreed a variety of measures with a bearing on the conflict of laws. The purpose of this article, however,
is not to give a detailed account of the EU's interventions on this topic. Instead the intention is to offer some thoughts
upon and to raise some questions regarding the implications of the EU's engagement with the conflict of laws. In particular
this article aims to provide an overview of the direction in which the EU is taking the conflict of laws and how this has
affected the focus and character of the subject in one Member State, namely the United Kingdom.
This revised version was published online in August 2006 with corrections to the Cover Date. |
| |
Keywords: | Regulation 44/2001 EU conflict of laws Regulation 1347/2000 Rome Convention |
本文献已被 SpringerLink 等数据库收录! |
|