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Introduction - Rome II – A Parliamentary Tale

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Chapter Summary

The Rome II Regulation is a significant development in the history of private international law. The Regulation must be understood in its context as a piece of European legislation. The European Union had for many years wanted to produce a complete and clear regime for the conflict of laws. Having settled jurisdictional issues with the Brussels Convention there was a need to address the issue of choice of law. The Rome Convention of 1980 dealt with the issue of choice of law in relation to contractual matters. Including a rule on unfair competition is important, due to the inherent complexity of effects from any act of unfair competition in the Union. The Regulation requires judges in the courts of one state to apply the law of another state, possible on a very regular basis. This is potentially a complex and challenging task.

Keywords: European legislation; private international law; Rome II Regulation



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