This book deals with the interconnection between the Brussels I Recast
and Rome I Regulations and addresses the question of uniform
interpretation. A consistent understanding of scope and provisions is
suggested by the preamble of the Rome I Regulation. Without doubt, it is
fair to presume that the same terms bear the same meaning throughout the
Regulations.
The author takes a closer look at the Regulations' systems, guiding
principles, and their balance of flexibility and legal certainty. He
starts from the premise that such analysis should prove particularly
rewarding as both legal acts have their specific DNA: The Brussels I
Recast Regulation has a procedural focus when it governs the allocation
of jurisdiction and the free circulation of judgments. The multilateral
rules under the Rome I Regulation, by contrast, are animated by conflict
of laws methods and focus on the delimitation of legal systems.
This fourth volume in the Short Studies in Private International Law
Series is primarily aimed at legal academics in private international
law and advanced students. But it should also prove an intriguing read
for legal practitioners in international litigation.
Christoph Schmon is a legal expert in the fields of Private
International Law, Consumer Law, and Digital Rights. After serving in
research positions at academic institutes in Vienna and London, he
focused on EU policy and law making. He is appointed expert of advisory
groups to the EU Commission.