The European Private International Law of Obligations Third Edition

Description: BOOK REVIEW

THE EUROPEAN PRIVATE INTERNATIONAL LAW OF OBLIGATIONS

Third Edition

By

Richard Plender and Michael Wilderspin

ISBN: 978-0-41952-490-8 Sweet & Maxwell Thomson Reuters

www.sweetandmaxwell.co.uk

THE ROME I AND ROME II REGULATIONS- GET THE FULL PICTURE OF THEIR LEGAL POSITION THEIR INTERPRETATION AND APPLICATION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

If you are a practitioner or student dealing with, or planning to deal with cross-border or global business, (which, increasingly, is just about all of us) you’ll find this book an extremely useful reference to have on your shelf.

Logically structured in three parts and written in accessible English, this important text does what it says in the title, guiding you through the complexities of ‘The European Private International Law of Obligations’. To cite only one issue among thousands: which country’s laws should be applied in any given cross-border relationship or transaction and in what circumstances?

For instance, in the case of an English worker employed by a Dutch company on an oil rig in Nigerian territorial waters injured by the negligence of a fellow employee, which system of law is applicable?

Well, you see the problem -- and the judgments in this case in particular have been much criticized, which is why one of the book’s more intriguing chapters is entitled ‘The Country Whose Law is to be Applied.’

The book’s original title for its first two editions was: ‘The European Contracts Convention: The Rome Convention on the Law Applicable to Contracts’. As the Preface explains, the new title was made necessary for this new third edition by the development of case law on the Convention, both at the national level and within the Court of Justice. The authors were careful to prepare the new edition only after the conversion of the Rome Convention into a regulation and the entry into force of the parallel regulation of the law applicable to non-contractual obligations. The new title better describes the wider compass of the work, which will certainly help you interpret, apply and advise upon the Rome I and Rome II Regulations.

Expert commentary is provided throughout on the scope, principles and application of the rules of private international law governing the construction of contracts. Also covered are the new rules governing torts, including product liability, liability for breach of competition rules, environmental damage, unjust enrichment, negtiotorum gestio and culpa in contrahendo. Consumer contracts, employment contracts, mandatory rules, ordre public…and more are considered.

For ease of reference, there are ten tables of cases, including UK and foreign cases, cases before the European Court of Justice -- both numerical and alphabetical -- tables of International Court and Tribunal Cases…tables of UK Statutes and Statutory Instruments, Foreign Statutes…tables of European Community Legislation and of International and EC Treaties and Conventions -- plus, the Table of the Principal Conventions.

For all those involved in, or advising upon cross border issues within the EU, this book is indispensible for the EC and EU lawyer of the twenty-first century as we all grapple with the wider compass of legal obligations in Europe.

ISBN: 978-0-42195-490-8

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