A European and Anglo-Common Law perspective on the freedom of choice of law in the Rome I Regulation on the law applicable to contractual obligations and the Rome II Regulation on the law applicable to non-contractual obligations
← 16 | 17 →Introduction
of the chosen law in national courts and the relationship between the law of the forum and the chosen foreign law. Section B focuses more specifically on the national procedural approaches taken to the introduction and ascertainment of foreign law in both German and English courts.
Part IV provides a critical reflection on the English common law origins and development of the principle of party autonomy in light of European developments. More specifically, a cross-national examination of party autonomy in the common law jurisdictions of Australia, New Zealand, Canada and Singapore is given. The conflict choice of law rules for contractual and non-contractual obligations in each legal system are dealt with in turn. For contract, the reception and application of the English doctrine of the proper law in each common law jurisdiction is set out. For non-contractual obligations the general English rule of double-actionability and its exception, followed by its reception and application in each common law jurisdiction is presented. Subsequently, the narrow scope for party autonomy within the common law approaches is summarised, followed by the suggestion of four general approaches that may accommodate party autonomy.
Part V summarises the conclusions drawn in the foregoing analyses and reflects upon these. From this three main themes emerge. The first is that both the Rome I and Rome II Regulations have clearly elevated the principle of party autonomy to the central choice of law rule within European private international law. More specifically, the Rome II Regulation has...
You are not authenticated to view the full text of this chapter or article.
This site requires a subscription or purchase to access the full text of books or journals.
Do you have any questions? Contact us.Or login to access all content.