The Rome II Regulation on the Law Applicable to Non-Contractual Obligations

by Ahern, John; Binchy, William

• ISBN13: 9789004171930
• ISBN10: 9004171932
• Format: Hardcover
• Copyright: 2009-04-30
• Publisher: Martinus Nijhoff

Summary

The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations.The Regulation has huge implications for international litigation relating to traffic accidents, product liability, environmental damage and infringement of intellectual property rights, for example. This book contains analysis of the Regulation by 15 experts from Europe and North America. It examines the core concepts and assesses the likely impact of the Regulation on claims for tort and unjust enrichment. It is an indispensable guide to the Regulation for legal practitioners, academics and students.

Author Biography

John Ahern is a Postgraduate teaching assistant and Part-Time Lecturer in Law at Trinity College Dublin He lectures in Conflicts of Law and is completing his Ph.D. on The Choice of Law in Tort. William Binchy is Regius Professor of Laws at Trinity College Dublin. He is the author of Irish Conflicts of Law. He has represented Ireland at the Hague Conference on Private International Law.

Table of Contents

Foreword	p. ix
List of Contributors	p. xv
List of Abbreviations	p. xxi
Case Index	p. xxiii
Legislation Index	p. xxxv
Introduction: Rome II - A Parliamentary Tale	p. 1
Rome II: A True Piece of Community Law	p. 9
Has the Forum Lost Its Grip?	p. 25
Rome II: Will it Prevent Forum Shopping and Take Account of the Consequences of Choice of Law?	p. 47
The Scope of 'Non-Contractual Obligations'	p. 57
The Significance of Close Connection	p. 85
Freedom to Choose the Applicable Law in Tort - Articles 14 and 4(3) of the Rome II Regulation	p. 113
The Application of Multiple Laws Under the Rome II Regulation	p. 133
Article 4 and Traffic Accidents	p. 153
Product Liability under the Rome II Regulation	p. 175
Remedies and the Rome II Regulation	p. 199
The Treatment of Environmental Damage in Regulation Rome II	p. 219
Rome II and Choice of Law for Unjust Enrichment	p. 231
Rome II: Implications for Irish Tort Litigation	p. 257
The Limits of Rome II	p. 277
Appendices	p. 289
Regulation No. 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II)	p. 289
Commission of the European Communities Proposal for a Regulation on the Law Applicable to Non-Contractual Obligations, COM (2003) 427 final 2003/0168 (COD)	p. 301
Opinion of the European Economic and Social Committee on the Proposal for a Regulation on the Law Applicable to Non-Contractual Obligations, COM (2003) 427 final 2003/0168 (COD), 2004/C 241/01	p. 341
European Parliament Committee on Legal Affairs, Report on the proposal for a regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (ôRome IIö) (COM(2003)0427-C5 0338/2003-2003/0168(COD)),A6-0211/2005	p. 349
Amended Proposal for a European Parliament and Council Regulation on the Law Applicable to Non-Contractual Obligations, COM 2006 83 final	p. 393
European Parliament Recommendation for Second Reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the Law Applicable to Non-Contractual Obligations, 9751/7/2006-C6-0317/2006-2003/0l68(COD)	p. 417
Joint text approved by the Conciliation Committee of a Regulation on the Law Applicable to Non-Contractual Obligations, 2003/0l68(COD) C6-0142/2007 PE-CONS3619/07	p. 439
Index	p. 473
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