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Binding Corporate RulesCorporate Self-Regulation of Global Data Transfers$
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Lokke Moerel

Print publication date: 2012

Print ISBN-13: 9780199662913

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199662913.001.0001

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BCR and EU Rules of Private International Law

BCR and EU Rules of Private International Law

(p.145) 8 BCR and EU Rules of Private International Law
Binding Corporate Rules

Lokke Moerel

Oxford University Press

This chapter discusses the interaction of Binding Corporate Rules (BCR) with rules of private international law (PIL), which is twofold. First there is the traditional function of PIL, where for instance a choice of law and forum made in BCR has to comply with rules of PIL. This requires answering the following questions: Which instruments of PIL are in scope? Do the rules of PIL take precedence over the applicability and jurisdiction regime of the Directive? Is a choice of law possible under the Directive? How the BCR applicability and enforcement regime can be best set up to avoid the current pitfalls under the employee and consumer protection regimes of PIL are discussed. The second function of PIL is as a potential source of ‘meta-norms’ for BCR. The chapter discusses how the BCR applicability and enforcement regime can be best aligned with the underlying policy choices behind PIL instruments and doctrines in order to be able to achieve universal acceptance of BCR.

Keywords:   private international law, choice of forum, choice of law, meta-norms, applicability regime, enforcement regime, jurisdiction regime

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