The Next Step in the Unification of Private International Law in Europe: Should It Be Codification?

Katharina Boele-Woelki (Bucerius Law School, Hamburg), has posted The next step in the unification of private international law in Europe: should it be codification? on SSRN.

The abstract of the paper, a homage to Symeon Symeonides, reads as follows.

This contribution reflects on some issues of European private international law. More than a quarter of a century ago, the European Union (EU) began to legislate in the area of crossborder private relations through European Regulations on jurisdiction, applicable law and recognition and enforcement. Today, many but not all areas of private law are covered, but the sheer volume of rules is confusing. In addition, there are some gaps and overlaps, but also inconsistencies. The focus of this homage is on the question of whether and how the European Regulations should be brought together in an instrument that could facilitate their better understanding and application in legal practice and the academic teaching of private international law. It will briefly report on feasibility studies and current projects that are undertaken by academic groups. In addressing these questions, we enter the world of the codification of private international law which, as far as the subject matter is concerned, encompasses international procedural law.