Choice of Law Rules and the Prohibition of Discrimination Under the European Convention on Human Rights

Nederlands Internationaal Privaatrecht, 2011, pp. 19-24

University of Luxembourg Law Working Paper No. 2011-01

6 Pages Posted: 15 Jan 2011 Last revised: 6 Nov 2018

Date Written: January 13, 2011

Abstract

This article deals with the relevance, or irrelevance, of the principle of non-discrimination to that part of private international law that deals with choice of law. Non-discrimination potentially goes to the very core of conflict of laws rules as they are traditionally conceived – that, at least, is the idea at the basis of several academic schools of thought. The empirical reality of case law (of the European Court of Human Rights, or the equally authoritative pronouncements of national courts on similar provisions in national constitutions) is to a large extent different. And it is possible to adopt a compromise solution: the general principle of equality before the law may be tolerant towards multilateral conflict rules, but the position will be different where specific rules of non-discrimination are at stake, or where the rules of private international law concerned have a substantive content.

Keywords: Conflict of Laws, Non-Discrimination, Equality, European Convention on Human Rights

Suggested Citation

Kinsch, Patrick, Choice of Law Rules and the Prohibition of Discrimination Under the European Convention on Human Rights (January 13, 2011). Nederlands Internationaal Privaatrecht, 2011, pp. 19-24; University of Luxembourg Law Working Paper No. 2011-01. Available at SSRN: https://ssrn.com/abstract=1739810

Patrick Kinsch (Contact Author)

University of Luxembourg ( email )

L-1511 Luxembourg
Luxembourg

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