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Part I Introductory Topics, 3 Foundations and Scope

From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations

Andrew Dickinson

Content type:
Book content
Product:
Private International Law [PRIL] — International Commercial Law [ICML]
Series:
Oxford Private International Law Series
Published in print:
01 July 2010
ISBN:
9780199289684

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 09 December 2023

Subject(s):
Scope of applicable law — Rome I Regulation and choice of law — Termination of agency — Breach of contract — Performance of contract — Applicable law to non-contractual obligations — Scope of the law applicable under the Rome II Regulation — Product liability — Unfair competition — Environmental damage — Industrial action — Public policy and non-contractual obligations — Negotiorum Gestio — Culpa in Contrahendo — Tort/delict — Habitual residence — Territorial Applications — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Brussels II Regulation — Non-contractual obligations — Applicable law — Rome Convention
3.01 The Rome II Regulation has effect in the United Kingdom under s 2(1) of the European Communities Act 1972,2 without the need for specific implementing legislation.3 Nevertheless, its provisions must be construed in accordance with the principles and guidelines laid down by the Court of Justice. In particular:4 3.02 Each of these three aspects of the approach to be taken in interpreting the Regulation will be considered in turn. Before embarking on that exercise, the following comment on the approach of the ECJ to the construction of Community legislation is...
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