La parte debole nei rapporti di lavoro marittimo e il Regolamento Roma I: una protezione (ancora) incompiuta

The article analyses the articulated conflict-of-law rule provided for in Article 8 of Regulation EC No. 593/2008, in order to focus, in particular, on the problems it raises with regard to labour relations connected with maritime navigation, which typically pose, due to their intrinsic international character, relevant questions from the point of view of private international law. The investigation carried out in this perspective shows the difficulty of harmonising the different, somewhat heterogeneous purposes to which the conflict-of-law rule is directed, by employing to a variety of international private law techniques (i.e. private autonomy, with limitations due to material considerations; abstract localization, as well as on the basis of the principle of proximity). Starting from this observation, some solutions are suggested to direct the application of Article 8 towards a more consistent protection of the socially weak party involved in such relationships.