LAWM005 Private International Law – Assessment Questions
Students are to choose ONE question from those set below!
Question 1
‘The Brussels I Regulation is foremost among the EU private international law instruments, in terms of its heritage and significance in commercial and legal practice in the EU. It has, in the main, worked well.’
Dickinson A., (2011) ‘The Proposal for a Regulation of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Recast) (‘Brussels I bis’ Regulation), Legal Studies Research Paper No. 11/58, Sydney Law School, last accessed 28 January 2013 at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1930712
In light of the above statement and with a specific focus on commercial matters, critically assess the reasons why and to what effect, the Council, on 6th December 2012, adopted a recast of the Brussels I Regulation (Reg. (EU) 1215/2012) thereby introducing material changes to the Brussels Regime.
Question 2
With a focus on commercial matters, critically assess the degree of predictability in identifying the applicable law under the rules of the Rome I and Rome II Regulations1 where no valid choice of law is made by the parties. To what degree do these Rome Regulations limit the freedom of choice of parties to choose the applicable law?
1 Regulation (EC) No 593/2008 of 17 June 2008 applying to contractual obligations and Regulation (EC) No 864/2007 of 11 July 2007 applying to non-contractual obligations
Structure
1. The opportunity should be taken to attempt to produce an essay with the style and attributes of a publishable journal article.
2. The work should have:
a) a title
b) an abstract outlining the scope and key issues discussed in the narrative
c) clearly defined sections each dealing with a particular aspect of the discussion or argument adopted in your narrative
d) a conclusion.
3. References should be set out as foot notes at the bottom of each page. Use the facility in word.
4. OSCOLA reference style!!!!!!!!!
A bibliography must be included listing in alphabetical or numerical sequence as appropriate: books, journal articles, electronic sources, legislation, cases (list separately EU cases, national cases (by country), international law cases (by forum/tribunal) etc.), other sources.
