The Rome II Regulation: A Commentary

by Dickinson, Andrew

• ISBN13: 9780199289684
• ISBN10: 0199289689
• Format: Hardcover
• Copyright: 2009-02-15
• Publisher: Oxford University Press

Summary

The European Commission's 2003 proposal for a Regulation on the law applicable to non-contractual obligations (the so-called "Rome II Regulation") provoked widespread debate. For some, "Rome II" was an essential part of the area of freedom, security and justice contemplated by the Treaty of Amsterdam. For others, it was neither necessary nor desirable. Despite opposition, the Regulation was approved by the Council and European Parliament in 2007 and will come into force on 11th January 2009. Practising lawyers will swiftly need to come to terms with the radical changes which it makes to rules of applicable law for torts and other non-contractual obligations (including, for example, claims based on unjust enrichment or equitable wrongdoing). This work seeks to provide a user-friendly article-by-article commentary to assist in that task, and is intended to publish shortly before the Regulation coming into force. The book also considers related issues, such as the vires of the "Rome II Regulation" and its relationship to other EC instruments creating or affecting rules of private international law.

Author Biography

Andrew Dickinson is a solicitor advocate and consultant to Clifford Chance LLP. His main area of specialism is private international law, and he has published several articles in this field. He is a visiting fellow in private international law at the British Institute of International and Comparative Law and a member of the editorial board of the Journal of Private International Law. He is a co-author of State Immunity: Selected Materials and Commentary (OUP, 2004). In February 2004, he gave evidence to the House of Lords' Committee considering the proposed "Rome II" Regulation.

Table of Contents

Introductory Topics

Background

Treaty Basis

Foundations

Tort/Delict

Tort/Delict - General Rules

Product Liability

Unfair Competition/Restriction of Competition

Environmental Damage

Intellectual Property

Industrial Action

Other Non-Contractual Obligations

Unjust Enrichment

Negotiorum Gestio

Culpa in Contrahendo

Freedom of Choice and Common Rules

Choosing the Law Applicable to Non-Contractual Obligations

Scope of the Law Applicable under the Regulation

Public Policy, Mandatory Rules and Rules of Conduct and Safety

Relationship with EC Law and International Instruments

Appendices

Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)

Proposal for a Regulation of the European Parliament and the Council on the Law Applicable to non-contractual obligations ("Rome II")

Amended proposal for a European Parliament and Council Regulation on the Law Applicable to non-contractual obligations ("Rome II")

Common Position (EC) No 22/2006 adopted by the Council on 25 September 2006 with a view to adopting Regulation (EC) No.../... of the European Parliament and of the Council of...on the law applicable to non-contractual obligations (ROME II)

Chronology

Published Materials

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