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The Rome I Regulation on the Law Applicable to Contractual Obligations by McParland, Michael (19th March 2015)

1 All Roads Lead to Rome

From: The Rome I Regulation on the Law Applicable to Contractual Obligations

Michael McParland

Subject(s):
Choice of law clauses — Rome Convention — Rome I Regulation and choice of law — Validity of contract

This chapter discusses the road from, and back to, Rome that produced both the Rome Convention and the Rome I Regulation. It marks out the major steps in the development of both, setting them in context with wider developments in EU private international law. It asks the essential questions of how, and why, did we get where we are? It is a story rich in topics for discussion that cover the whole spectrum of attitudes to the EU, its legislative powers, and the nature of private international law within the internal market. At one end of the opinion spectrum are those who believe that Rome I, like the Rome Convention before it, is an example of cooperation between Member States that works to the good of all. At the other end are those who see it as the product of law-making by small committees, imposed by Brussels with no little regard for its actual or potential impact on national legal systems.

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