Chapter 3: The Regulatory Function of Choice of Law Rules Applying to Contracts for Services in the European Union
Sandrine Clavel INTRODUCTION Reconsidering the paradigm of the neutrality of international private law,1 already challenged by the increasing development of internationally mandatory rules through which States intend to impose public policy concerns in the resolution of private disputes, recent scholarship has acknowledged that choice of law rules may endorse a regulatory function.2 The assumption is that the designation of the law applicable to the resolution of international private litigation might not only be meant to offer private parties an outcome to their dispute, but also to fulfil objectives of a public nature. For several decades now, choice of law rules have been traducing legislators’ concerns for the implementation of substantive policies in private law.3 However, when it 1 Built on Savigny’s teachings, the neutrality of international private law has been pictured as the foundation of the conflict of laws in Europe during most of the twentieth century (Mayer P. and Heuzé V. (2004) Droit international privé, Paris; Montchrestien, n°68); However, for a survey of the ‘balance movement’ between public and private concerns in international private law (IPL), see: Muir Watt H. ‘Droit public et droit privé dans les rapports internationaux (vers la publicisation des conflits de lois ?)’ (1997) 41 Arch. Phil. Droit, pp. 207–214. 2 Muir Watt H. ‘Globalisation des marchés et économie politique du droit international privé’, (2003) 47 Arch. Phil. Droit, pp. 243–262; Wai R. ‘Transnational Liftoff and Juridical Touchdown: The Regulatory Function of Private International Law in an Era of...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.