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The dancer or the dance : choice of law under the Rome convention
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O'Brian Jr., William E. (2004) The dancer or the dance : choice of law under the Rome convention. Working Paper. Coventry, UK: University of Warwick - School of Law.
An open access version can be found in:Abstract
This article discusses different approaches that courts have used in deciding on the applicable law in cases arising under the Rome Convention, focusing on the case by case approach seemingly favoured by English courts as contrasted with the more rule-based approach that obtains in the Netherlands and, apparently, in Scotland. It argues for a third approach, based on the use of a set of presumptive rules that are both consistent with the case law to date and responsive to the language and purposes of the Rome Convention.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Publisher: | University of Warwick - School of Law | ||||
Place of Publication: | Coventry, UK | ||||
Official Date: | 2004 | ||||
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Number of Pages: | 22 | ||||
Status: | Not Peer Reviewed | ||||
Open Access Version: |
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