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Competition In and From the Harmonization of Private International Law


Ronald A. Brand


University of Pittsburgh - School of Law

November 12, 2009

ECONOMIC LAW AS AN ECONOMIC GOOD: ITS RULE FUNCTION AND ITS TOOL FUNCTION IN THE COMPETITION OF SYSTEMS, Karl M. Meessen, ed., Sellier European Law Publishers, 2009
U. of Pittsburgh Legal Studies Research Paper No. 2009-33

Abstract:     
Law not only regulates competition, it is both the result of competition and creates opportunities for competition. States compete to have their legal system models become the norm on a regional and global basis. Thus there is value in considering the manner in which this competition is carried out. This has occurred both within the European Union, where member states also competed with Community institutions for competence over the area of private international law. The EU and the United States are now major competitors on the global front in the process of multilateralization of rules of private international law. This was evident in the negotiation of the 2005 Hague Convention on Choice of Court Agreements. Such multilateralization of rules also creates new opportunities for competition of courts in becoming magnets for commercial dispute resolution. This chapter in the book edited by Karl M. Meessen, Economic Law as an Economic Good: Its Rule Function and its Tool Function in the Competition of Systems (Sellier European Law Publishers 2009), discusses all of these levels of competition.

Number of Pages in PDF File: 17

Keywords: competition, law and economics, private international law, European Union, European Community, Hague Conference on Private International Law, harmonization, unification, external competence, recognition of judgments

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Date posted: November 13, 2009  

Suggested Citation

Brand, Ronald A., Competition In and From the Harmonization of Private International Law (November 12, 2009). ECONOMIC LAW AS AN ECONOMIC GOOD: ITS RULE FUNCTION AND ITS TOOL FUNCTION IN THE COMPETITION OF SYSTEMS, Karl M. Meessen, ed., Sellier European Law Publishers, 2009; U. of Pittsburgh Legal Studies Research Paper No. 2009-33. Available at SSRN: http://ssrn.com/abstract=1504823

Contact Information

Ronald A. Brand (Contact Author)
University of Pittsburgh - School of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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