The external reach of EU private law is determined not only by unilateral scope rules as explained above in Chapter XXXV, but also by traditional rules on the confl ct of laws, i.e. by bilateral conflict rules on the choice of the applicable law provided that those rules designate the law of a Member State (infra, Chapter XXXVII). As pointed out above, such bilateral conflict rules help to implement the EU policy of trade promotion that depends on the confi dence of private market actors in legal certainty and the proper administration of justice in international cases. These policies co-exist with specific substantive policies of the EU. Legal certainty in international trade is further promoted by common rules that establish the jurisdiction of courts of Member States and, to a certain extent, also by provisions that give eff ect to the proceedings conducted in third States (infra, Chapter XXXVIII).

It should be stressed at the outset that to the extent that the conflict rules discussed in this Part are adopted by the European Union, they are primarily targeted at private relations involving two or more Member States. The Union, acting as a kind of referee, intends to coordinate the legal orders of the Member States which are involved in intra-EU cross-border cases. But to a varying degree, they also address or at least impact on third-State relations. That impact has gradually been strengthened over the years. This Book IV only addresses these external effects. The incomplete acquis of bilateral conflict rules

CHOICE OF LAW

THE INCOMPLETE ACQUIS OF BILATERAL CONFLICT RULES

The Union has issued a number of Regulations which determine the law governing contractual as well as non-contractual obligations, several matters of international family law and the law of succession. In other areas of the law, such as company law, proprietary rights in tangible and intangible assets, and various issues of family law, EU measures are lacking and the determination of the applicable law is still in the hands of the Member States, sometimes subject to directly applicable provisions of EU law such as the fundamental freedoms. Based on Article 81 TFEU, the EU Regulations are not in force for all Member States.