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The Rome II Regulation

The Rome II Regulation The Law Applicable to Non-Contractural Obligations with Updating Supplement

Author: Andrew Dickinson
Publisher: Oxford University Press
ISBN: 9780199589791
Published In: June 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This pack includes The Rome II Regulation and a brand new Updating Supplement which brings the Main Work up to date and incorporates substantive developments since publication of the book in December 2008.

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

The Main Work, The Rome II Regulation: The Law Applicable to Non-Contractual Obligations has become a major reference work to practitioners as it provides the first user-friendly article-by-article commentary to the Regulation. It 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.

The brand new updating supplement updates the Main Work and draws attention to legislation implementing the Regulation in the United Kingdom, incorporates recent ECJ cases concerning other EC private international law instruments and new decisions of the English courts concerning the pre-Regulation rules of applicable law, and to recent books and journal articles providing further colour to the picture surrounding the Regulation since its adoption in January 2009.

It maintains the currency of the Main Work and is an essential purchase for commercial law practitioners, academics and students with a special interest in cross-border issues.

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