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.
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; List of Contributors; List of Abbreviations; Case Index; Legislation Index
Introduction: Rome II – A Parliamentary Tale
Rome II: A True Piece of Community Law
Johan Meeusen Has the Forum Lost Its Grip?
Janeen Carruthers Rome II: Will it Prevent Forum Shopping and Take Account of the Consequences of Choice of Law?
Russell J. Weintraub The Scope of ‘Non-Contractual Obligations’
Andrew Scott The Significance of Close Connection
Richard Fentiman Freedom to Choose the Applicable Law in Tort – Articles 14 and 4(3) of the Rome II Regulation
Thomas Kadner Graziano The Application of Multiple Laws Under the Rome II Regulation
Alex Mills Article 4 and Traffic Accidents
Jan von Hein Product Liability under the Rome II Regulation
Peter Stone Remedies and the Rome II Regulation
Adam Rushworth The Treatment of Environmental Damage in Regulation Rome II
Michael Bogdan Rome II and Choice of Law for Unjust Enrichment
Stephen G.A. Pitel Rome II: Implications for Irish Tort Litigation
Liz Heffernan The Limits of Rome II
- Regulation No. 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II)
- Commission of the European Communities Proposal for a Regulation on the Law Applicable to Non-Contractual Obligations, COM (2003) 427 fi nal 2003/0168 (COD)
- 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
- European Parliament Committee on Legal Aff airs, Report on the proposal for a regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (“Rome II”) (COM(2003)0427–C5 0338/2003–2003/0168(COD)), A6–0211/2005
- Amended Proposal for a European Parliament and Council Regulation on the Law Applicable to Non-Contractual Obligations, COM 2006 83 final
- 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–C6–0317/2006–2003/0168(COD)
- Joint text approved by the Conciliation Committee of a Regulation on the Law Applicable to Non-Contractual Obligations, 2003/0168(COD) C6–0142/2007 PE-CONS3619/07
Practitioners, academics and students interested in Private International Law at an EU level and its domestic impact.