The European Private International LoO : 2023 [paper]

It deals with conflict of laws as mediated by European rules and regulations. It provides unrivalled analysis of the Rome I and Rome II Regulations and their practical implications, helping practitioners interpret them since they came into force in 2009. It supplies expert commentary on the scope, principles and application of Rome I, governing the construction of contracts, and the rules governing non-contractual obligations under Rome II.

Between them the Rome Regulations comprise a common set of rules for the choice of law in international private law disputes, whether contractual or non-contractual. Practical knowledge of and guidance on the Regulations is essential for all practitioners involved in commercial transactions that involve an international element.

FEATURES

• Takes practitioners step by step through the Rome Regulations
• Explains the terms and concepts used in the Regulations
• Provides warnings of problems that can arise and suggests answers to problems of interpretation
• Discusses contracts of carriage, consumer contracts, insurance contracts, employment contracts, mandatory rules and ordre public, showing how Rome I applies to each
• Covers the rules governing non-contractual obligations under Rome II, including product liability, liability for breach of competition rules, intellectual property, industrial action, environmental damage, unjust enrichment, negotiorum gestio and culpa in contrahendo
• Puts the Regulations into their historical context, aiding their correct interpretation
• Covers the implementation of the Regulations in the UK, European Court of Justice cases concerning the Regulations and other related EU private international law instruments, and decisions of the English courts
• Explains how the Regulations are to be applied in the UK following the withdrawal of the UK from the EU

NEW TO THIS EDITION

A new chapter has been included to deal specifically with the technicalities of how Rome I and Rome II Regulations apply in the UK following the end of the transition period.

In addition, the title has been fully reviewed and updated to take account of new cases and legislative developments since the last 2019 edition was published.

Also available as an eBook, please contact us for more information.