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Vol 21 No 9 Sept/Oct 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Rome II Regulation: The Law Applicable to Non-Contractural Obligations with Updating Supplement isbn 9780199589791

The Rome II Regulation: The Law Applicable to Non-Contractual Obligations

ISBN13: 9780199289684
New Edition ISBN: 9780199589791
Published: December 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

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

Conflict of Laws, Tort Law
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
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;
8. Summary and Conclusions
Glossary of terms
The Regulation: English, French and German language versions
Preparatory Materials