The Rome II Regulation: A Commentary

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.

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