The Rome Ii Regulation On The Law Applicable To Non Contractual Obligations

This updating supplement brings the Main Work up to date and incorporates substantive developments since publication of the book. It is an essential purchase for all who already own the Main Work, and maintains its currency.

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.

The new s.elp Pocket Commentaries are reduced to essential information on current legal developments. With these short and handy books you can easily update your knowledge. The first volume deals with the new Rome II Regulation on the law applicable to non-contractual obligations, which became effective on 11.1.2009. Comprehensive and accessible analysis of the rules of the Rome II Regulation on the private international law of non-contractual obligations Coverage of practical issues such as international product liability, liability for environmental damage or non-contractual liability for unfair competition Written by a team of internationally orientated scholars

On 11 January 2009, Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) became applicable in twenty six EU Member States. The Rome II Regulation provides conflict of law rules for tort and delict, unjust enrichment, negotiorum gestio and culpa in contrahendo. In particular, the Rome II Regulation sets out specific rules governing product liability, unfair competition and acts restricting free competition, environmental damage, infringement of intellectual property rights, and industrial action. This book is a comprehensive guide to the Rome II Regulation. It presents the rules designating the applicable law according to Rome II and explores the raisons d'�tres behind these rules. The book presents numerous case scenarios and explains what the applicable law should be under the Rome II Regulation. As such it is a comprehensive handbook providing the practitioner with explanations of how the regulation could and should be interpreted and applied.

This updating supplement brings the main work up to date and incorporates substantive developments since publication of the book in 2008. In particular it draws attention to legislation implementing the Regulation in the United Kingdom, to recent ECJ cases concerning other EC private international law instruments, to 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.

This book is devoted to the applicable law to contractual and non-contractual obligations in the European Union as applied before the Courts. It is a valuable resource for practitioners, the judiciary, and academics who are interested in understanding how EU law is applied on national level.

The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.