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To Unity and Beyond? The Boundaries of European Private International Law and the European Ius Commune

LIBER AMICORUM WALTER PINTENS, Alain-Laurent Verbeke et al, eds., 2012

23 Pages Posted: 11 Feb 2012  

Geert van Calster

K.U. Leuven

Date Written: February 10, 2012

Abstract

The core argument for international harmonization lies in the level playing field hypothesis which posits that markets function best when all industry in the given market (in the context of international harmonization: a global market) operate in the same conditions. The alternative approach highlights the advantages of regulatory competition, including in particular the advancement of regulatory and contractual techniques through trial and error, as well as the reward for regulatory and judicial efficiency. With respect to private international law in the EU, ever increasing harmonization of the underlying substantial laws is being actively pursued by the EC. However it is supported by a perceived, or even made-up, rather than a real need, as the proposal for a Common European Sales Law shows.

Unity in diversity is the EU’s official moto. Denying the advantages of regulatory competition in the law of conflicts leads to hodgepodge and unity without diversity.

Keywords: private international law, EU, conflict of laws, harmonisation, ius commune

JEL Classification: K19, K41

Suggested Citation

van Calster, Geert, To Unity and Beyond? The Boundaries of European Private International Law and the European Ius Commune (February 10, 2012). LIBER AMICORUM WALTER PINTENS, Alain-Laurent Verbeke et al, eds., 2012. Available at SSRN: https://ssrn.com/abstract=2002866 or http://dx.doi.org/10.2139/ssrn.2002866

Geert Van Calster (Contact Author)

K.U. Leuven ( email )

Tiensestraat 41
Bus 3424
B-3000 Leuven, 3000
Belgium

HOME PAGE: http://www.gavc.be

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