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The Rome II Regulation
The Law Applicable to Non-Contractual Obligations
Andrew Dickinson
872 pages
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234x156mm
978-0-19-928968-4
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Hardback
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18 December 2008
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- Practising lawyers will need to come to terms quickly with the radical changes that the Rome II Regulation brings about on rules of applicable law for non-contractual obligations
- A detailed commentary on the new European Community rules fixing the law applicable to non-contractual obligations, intended to publish shortly before the Regulation comes into force
- Written by a practising solicitor specialising in private international law in contentious and non-contentious matters
- Article-by-article layout provides readers with easy access to, and understanding of, the relationship of the new rules to each other
- Companion website at www.romeii.eu
- 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
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.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.
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Andrew Dickinson, Consultant, Clifford Chance LLP and Solicitor Advocate (Higher Courts - Civil)
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"Andrew Dickinson's book is not only timely and likely to be of enduring interest, but is well-informed, practical and readable at the same time as being scholarly in content. It will be a pleasure to consult in the many cases in which reference to it will no doubt be made, and it is a pleasure to commend it now.
" - Lord Mance
"This book represents an essential, superbly useful, and relatively affordable English language reference work for either practitioners or academics who are concerned with matters arising from choices of law for non-contractual obligations before European courts. It sets a very high standard for the authors of what may be expected to be the companion volumes, concerning other imminent European Regulations, in the increasingly indispensable Oxford Private International Law Series and may be confidently recommended" - Jonathan Fitchen, Cambridge Law Journal
"As the regulation is directly applicable in all Member States except Denmark, there is a great need for a commentary explaining its provisions. I hope that updated editions of this valuable book will be published when called for by new case law, literature and other legal developments s"
"In this exceptionally thorough and well written volume, Andrew Dickinson provides a comprehensive analysis of the background, scope, and substanstive rules of the European Community's recent regulation on the law applicable to non-contractual obligations in civil and commercial matters. This book is an essential referent for anyone who practices EC law or works in the field of private international law" - American Branch of the International Law Association Newsletter
"In the calm before the storm of Rome II related litigation, Mr Dickinson's ambitious and excellent book provides stimulating reading. The book contains a detailed commentary that thoroughly analyses the patchwork materials that will inform the courts' interpretation of a deceptively difficult piece of legislation." - Andrew Scott, Law Quarterly Review,
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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
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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