Reference : The Operation of the Escape Clauses in the Rome Convention, Rome I Regulation and Rom...
Scientific journals : Article
Law, criminology & political science : Multidisciplinary, general & others
http://hdl.handle.net/10993/20923
The Operation of the Escape Clauses in the Rome Convention, Rome I Regulation and Rome II Regulation
English
Okoli, Chukwuma mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Arishe, Gabriel Omoshemime mailto []
Dec-2012
Journal of Private International Law
Hart Publishing Ltd.
8
3
Journal of Private International Law
33
Yes (verified by ORBilu)
International
1744-1048
[en] ESCAPE CLAUSE, LAW IN THE ABSENCE OF CHOICE, ; ROME CONVENTION, ROME I REGULATION, ; ROME II REGULATION
[en] This article critically discusses the various approaches to the operation of the escape clauses in the Rome Convention, Rome I Regulation and Rome II Regulation. A proposal is made for the deletion of the doctrine of implied choice of law in view of different conflicting decisions in English courts concerning its relationship with the escape clause under the Rome Convention. Recent English judicial decisions are utilised in distinguishing the threshold of displacement under the Rome Convention and Rome I Regulation. Recent judicial decisions from England and Ireland are utilised. Proposals are made as to how a pre-existing relationship should be utilised in applying the escape clause under the Rome II Regulation.
University of Aberdeen, Scotland, United Kingdom
Self-funded
Researchers ; Professionals ; Students ; General public
http://hdl.handle.net/10993/20923

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