Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (the so-called "Rome II Regulation") is the product of almost 40-years work by the institutions and Member States of the European Community. From 11th January 2009, it will introduce an entirely new set of rules for determining the law applicable to non-contractual obligations (including tort / delict, unjust enrichment and some equitable obligations). This work, written by an experienced practitioner, provides a user-friendly article-by-article commentary to assist practising lawyers in understanding the structure and practical application of the Regulation. The book also considers the background to, and treaty base, of the Regulation and its relationship to other EC instruments creating or affecting rules of private international law. Links to primary materials, news and updates will appear on the companion website at www.romeii.eu.
Contents:
PART I: INTRODUCTORY TOPICS
1. Background
2. Treaty Basis
3. Foundations
PART II: TORT / DELICT
4. Tort/Delict - General Rules
5. Product Liability
6. Unfair Competition/Restriction of Competition
7. Environmental Damage
8. Intellectual Property
9. Industrial Action
PART III: OTHER NON-CONTRACTUAL OBLIGATIONS
10. Unjust Enrichment
11. Negotiorum Gestio
12. Culpa in Contrahendo
PART IV: FREEDOM OF CHOICE AND COMMON RULES
13. Choosing the Law Applicable to Non-Contractual Obligations
14. Scope of the Law Applicable under the Regulation
15. Public Policy, Mandatory Rules and Rules of Conduct and Safety
16. Relationship with EC Law and International Instruments
APPENDICES
I. 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)
II. Proposal for a Regulation of the European Parliament and the Council on the Law Applicable to non-contractual obligations ("ROME II")
III. Amended proposal for a European Parliament and Council Regulation on the Law Applicable to non-contractual obligations ("ROME II")
IV. 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)
V. Chronology
VI. Published Materials
Readership:
Commercial law practitioners, particularly those with a cross-border practice; academics and scholars of the conflict of laws; postgraduate/advanced students of the subject; legal reference libraries.
Rezensionen / Stimmen
"We could have no finer commentary on events and on detailed provision, in tort mainly, but also as to general coherence and interaction of the three instruments, than has been provided by Andrew Dickinson in this admirable book. It is a measure of the author's charm, wit and enthusiasm for the subject of the conflict of laws that the reader approaches this magisterial tome with every confidence that one will be diverted as well as informed; and one is not disappointed. The author's writing remains engaging as well as indefatigably authoritative throughout...This book is an immense achievement. It is a signal contribution to our understanding of the Rome II Regulation at its inception, and is an invaluable resource for courts and advisers. It has got us off to the best possible start in understanding the provisions of the Regulation. We are 'primed', and owe a debt of gratitude to the author." --Elizabeth B Crawford, The Edinburgh Law Review
Reihe
Sprache
Verlagsort
Produkt-Hinweis
Illustrationen
black & white illustrations
ISBN-13
978-0-19-928968-4 (9780199289684)
Schweitzer Klassifikation
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.
Autor*in
Consultant, Clifford Chance LLP and Solicitor Advocate (Higher Courts - Civil)
PART I: INTRODUCTORY TOPICS; 1. Background; 2. Treaty Basis; 3. Foundations; PART II: TORT/DELICT; 4. Tort/Delict - General Rules; 5. Product Liability; 6. Unfair Competition/Restriction of Competition; 7. Environmental Damage; 8. Intellectual Property; 9. Industrial Action; PART III: OTHER NON-CONTRACTUAL OBLIGATIONS; 10. Unjust Enrichment; 11. Negotiorum Gestio; 12. Culpa in Contrahendo; PART IV: FREEDOM OF CHOICE AND COMMON RULES; 13. Choosing the Law Applicable to Non-Contractual Obligations; 14. Scope of the Law Applicable under the Regulation; 15. Public Policy, Mandatory Rules and Rules of Conduct and Safety; 16. Relationship with EC Law and International Instruments; APPENDICES; I. 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); II. Proposal for a Regulation of the European Parliament and the Council on the Law Applicable to non-contractual obligations ("ROME II"); III. Amended proposal for a European Parliament and Council Regulation on the Law Applicable to non-contractual obligations ("ROME II"); IV. 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); V. Chronology; VI. Published Materials
