engleski

Policies underlying Conflict of Law Choices in Environmental Law

The purpose of this paper is the analysis of the impact that the environmental law principles, proclaimed in the Treaty on the functioning of the European Union and integrated in the secondary EU law, have on the conflict of law provisions in the Rome II Regulation. This entails examination of the provisions on parties’ choice of applicable law, special provision for environmental damages, and certain provisions which specifically address the public interest concerns, such as the one on taking account of rules of safety and conduct and the one on applying the forum overriding mandatory rules. The scrutiny focuses on the issue of the extent to which the conflict of law provisions presently in force serve as a mechanism additional to the substantive and procedural rules in implementing the EU environmental policy.

private international law ; environmental law principles ; EU law

nije evidentirano