ABSTRACT

This chapter introduces the subject-matter of this monograph by highlighting the reasons and justifications for the Conventions, and setting out the fundamental principles underlying their adoption. It is evident that, since the contextual subject-matter of the Brussels Convention is distinct from that of the Rome Convention, the fundamental principles underlying the former would be different from those underlying the latter. The Brussels Convention regulates questions of jurisdiction and enforcement of judgments within the Community, and is thus founded on a number of fundamental principles connected therewith. The Rome Convention, predicated upon harmonising the contract choice of law rules of Member States is, like the Brussels Convention, based on a number of fundamental principles. Furthermore, like the Brussels Convention, the Rome Convention recognises the need to protect certain categories of persons, such as consumers and employees but not policy-holders, by ensuring that those persons are not deprived of certain protective legislation.