Connection and coherence between and among European instruments in the private international law of obligations

Crawford, E. B. and Carruthers, J. M. (2014) Connection and coherence between and among European instruments in the private international law of obligations. International and Comparative Law Quarterly, 63(1), pp. 1-29. (doi: 10.1017/S0020589313000365)

Abstract

This article considers points of connection and coherence between and among the Rome I Regulation, the Rome II Regulation, and Regulation 1215, and relevant predecessor instruments. The degree of consistency in aim, design and detail of conflict of laws rules is examined, vertically (between/among consecutive instruments) and horizontally (across cognate instruments). Symbiosis between instruments is explored, as is the interrelationship between choice of court and choice of law. Disadvantaged parties, and the cohesiveness of their treatment under the Regulations, receive particular attention.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Crawford, Professor Elizabeth and Carruthers, Professor Janeen
• Authors: Crawford, E. B., and Carruthers, J. M.
• College/School: College of Social Sciences > School of Law
• Journal Name: International and Comparative Law Quarterly
• Publisher: Cambridge University Press
• ISSN: 0020-5893
• ISSN (Online): 1471-6895
• Copyright Holders: Copyright © 2013 British Institute of International and Comparative Law
• First Published: First published in International and Comparative Law Quarterly 63(1):1-29
• Publisher Policy: Reproduced in accordance with the copyright policy of the publisher