Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 46 Norway: Norwegian Perspectives on the Hague Principles »
Giuditta Cordero-MossFrom: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter assesses Norwegian perspectives on the Hague Principles. To understand the significance in Norway of the Hague Principles, it is necessary to explain the Norwegian system of private international law and its sources. Historically, conflict rules in Norway were not codified. Nowadays, private international law, at least as far as civil obligations are concerned, is undergoing a process of codification. A proposal for a statute on the law applicable to obligations has been released for public consultation, which has been concluded, and the Ministry is expected to draft a Proposition on that basis. The proposal is largely based on the EU regulations Rome I and Rome II. The Norwegian system of private international law may therefore be said to have turned into a system that is de facto parallel to EU Private International Law. Should the proposed statute be enacted, the system will also formally, albeit unilaterally, be parallel to Rome I and Rome II. Generally, therefore, it can be assumed that conflict rules will coincide with the rules contained in Rome I. In such a picture, the role that the Hague Principles may play for the Norwegian regime of party autonomy is quite restricted, as Norwegian courts generally use sources of soft law as a corroboration of Norwegian law, but not as a correction.