Subjects:

Conflict of Laws, Tort Law

Contents:

Introduction and Structure

1. Historical Background

History of the proposal

The pre-existing English rules of applicable law

2. The Rome II Regulation - An Introduction

Status of Regulation under English law, and its relationship to pre-existing rules

Treaty basis, and possible challenges to vires

Relationship with other provisions of EC law

Relationship with existing international conventions

Relationship with rules of jurisdiction

Interpretation of the Regulation as a Community law instrument

3. Scope of the Regulation

Material scope

Temporal scope

States with more than one legal system

Assimilation to the territory of a State

4. Rules Applicable to Non-Contractual Obligations Arising Out of a Tort or Delict

What is a tort or delict?

The general rule

Displacement of the general rule

The role of party autonomy

Special rules

5. Rules Applicable to Non-Contractual Obligations Arising Out of an Act other than a Tort or Delict

Scope

Determination of the applicable law

The role of party autonomy

6. Common rules Scope of the applicable law

Exclusion of renvoi

Overriding mandatory rules

Public policy

Rules of safety and conduct

Direct action against insurers

Subrogation and multiple liability

Formal validity

Burden of proof

Non-compensatory damages

7. Particular topics

Freedom of choice/party autonomy

Contribution

8. Summary and Conclusions

Glossary of terms

Annexes

The Regulation: English, French and German language versions

Preparatory Materials

Index

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. 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.

• Timely commentary on the Rome II Regulation, intended to publish shortly before the Regulation comes into force and seeking to provide a user-friendly article-by-article commentary
• Article-by-article layout provides readers with easy access to, and understanding of, the relationship of the different provisions to each other
• Fully cross-referenced and detailed index allows for ease of navigation
• Coverage of information on drafting history gives assistance in understanding the rules which have yet to be tested judicially
• Written by an experienced practitioner, who had substantial involvement in the consultation process leading to the regulation, offering valuable insight into the background and working of the regulation