Volume IX 2007: Volume IX (2007)

Paul Volken; Andrea Bonomi

Published by Otto Schmidt/De Gruyter european law pub 2008

Volume IX 2007

Paul Volken and Andrea Bonomi
Founded by: Petar Sarcevic

Part of the multi-volume work Yearbook of Private International Law

https://doi.org/10.1515/9783866537200

Overview
Contents

About this book

2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is again a very rich and multi-faceted book.
An entire thematic section of this volume is devoted to the "Rome II" Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, this text opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third party States, some distinguished scholars from non-European areas (the US, Japan, Latin America and Australia) were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions.

Supplementary Materials

Contents

Topics

Frontmatter Requires Authentication Unlicensed Licensed Download PDF	I
TABLE OF CONTENTS Requires Authentication Unlicensed Licensed Download PDF	VII
FOREWORD Requires Authentication Unlicensed Licensed Download PDF	XI
ABBREVIATIONS Requires Authentication Unlicensed Licensed Download PDF	XV
The Rome II Regulation – An Overview
PLACE OF INJURY, HABITUAL RESIDENCE, CLOSER CONNECTION AND SUBSTANTIVE SCOPE: THE BASIC PRINCIPLES Gerhard Hohloch Requires Authentication Unlicensed Licensed Download PDF	1
PARTY AUTONOMY AND ITS LIMITATIONS IN THE ROME II REGULATION Th.M. Boer Requires Authentication Unlicensed Licensed Download PDF	19
INTERNATIONAL PRODUCT LIABILITY A COMMENTARY ON ARTICLE 5 OF THE ROME II REGULATION Peter Huber and Martin Illmer Requires Authentication Unlicensed Licensed Download PDF	31
UNFAIR COMPETITION AND ACTS RESTRICTING FREE COMPETITION A COMMENTARY ON ARTICLE 6 OF THE ROME II REGULATION Michael Hellner Requires Authentication Unlicensed Licensed Download PDF	49
THE LAW APPLICABLE TO CROSS-BORDER DAMAGE TO THE ENVIRONMENT A COMMENTARY ON ARTICLE 7 OF THE ROME II REGULATION Thomas Kadner Graziano Requires Authentication Unlicensed Licensed Download PDF	71
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS A COMMENTARY ON ARTICLE 8 OF THE ROME II REGULATION Nerina Boschiero Requires Authentication Unlicensed Licensed Download PDF	87
THE LAW APPLICABLE TO A NON-CONTRACTUAL OBLIGATION WITH RESPECT TO AN INDUSTRIAL ACTION A COMMENTARY ON ARTICLE 9 OF THE ROME II REGULATION Guillermo Palao Moreno Requires Authentication Unlicensed Licensed Download PDF	115
CULPA IN CONTRAHENDO IN THE CONFLICT OF LAWS A COMMENTARY ON ARTICLE 12 OF THE ROME II REGULATION Bart Volders Requires Authentication Unlicensed Licensed Download PDF	127
RELATIONSHIPS BETWEEN ‘ROME II’ AND OTHER INTERNATIONAL INSTRUMENTS A COMMENTARY ON ARTICLE 28 OF THE ROME II REGULATION Georgina Garriga Requires Authentication Unlicensed Licensed Download PDF	137
ROME II: A CENTRIST CRITIQUE Symeon C. Symeonides Requires Authentication Unlicensed Licensed Download PDF	149
THE ROME II REGULATION FROM A JAPANESE POINT OF VIEW Yuko NISHITANI Requires Authentication Unlicensed Licensed Download PDF	175
A QUICK LATIN AMERICAN LOOK AT THE ROME II REGULATION Cecilia Fresnedo de Aguirre and Diego P. Fernandez Arroyo Requires Authentication Unlicensed Licensed Download PDF	193
A COMMON LAW COCOON: AUSTRALIA AND THE ROME II REGULATION Reid Mortensen Requires Authentication Unlicensed Licensed Download PDF	203
National Reports
A DECADE OF PRIVATE INTERNATIONAL LAW IN AFRICAN COURTS 1997-2007 (PART I) Richard Frimpong Oppong Requires Authentication Unlicensed Licensed Download PDF	223
SOURCES AND GENERAL PRINCIPLES OF PORTUGUESE PRIVATE INTERNATIONAL LAW: AN OUTLINE Dário Moura Vicente Requires Authentication Unlicensed Licensed Download PDF	257
SOME REMARKS ON THE APPLICABLE LAW TO INTERNATIONAL SUCCESSIONS IN ROMANIA Dan Andrei Popescu Requires Authentication Unlicensed Licensed Download PDF	277
THE 2007 TURKISH CODE CONCERNING PRIVATE INTERNATIONAL LAW AND INTERNATIONAL CIVIL PROCEDURE Gülören Tekinalp Requires Authentication Unlicensed Licensed Download PDF	313
RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN QUEBEC Claude Emanuelli Requires Authentication Unlicensed Licensed Download PDF	343
A WIDER VISION IN CHOICE OF PRESCRIPTION LAW Christa Roodt Requires Authentication Unlicensed Licensed Download PDF	357
THE BULGARIAN PRIVATE INTERNATIONAL LAW CODE OF 2005 Christa Jessel-Holst Requires Authentication Unlicensed Licensed Download PDF	375
NEW PERSPECTIVES IN SPANISH LEGAL PRACTICE ON THE EXERCISE OF RIGHTS OF ACCESS ACROSS INTERNATIONAL BORDERS Mónica Herranz Ballesteros Requires Authentication Unlicensed Licensed Download PDF	387
News from Brussels
ACTIVITIES OF THE EUROPEAN COMMUNITY IN THE FIELD OF PRIVATE INTERNATIONAL LAW IN 2007 Kieran St Clair Bradley Requires Authentication Unlicensed Licensed Download PDF	399
Court Decisions
ENFORCEMENT OF ARBITRATION AGREEMENTS BY ANTI-SUIT INJUNCTIONS IN EUROPE – FROM TURNER TO WEST TANKERS Christian A. Heinze and Anatol Dutta Requires Authentication Unlicensed Licensed Download PDF	415
EUROPEAN UNION. THE ECJ IN SEARCH OF LEGAL CERTAINTY FOR JURISDICTION IN CONTRACT: THE COLOR DRACK DECISION Anna Gardella Requires Authentication Unlicensed Licensed Download PDF	439
ENGLAND. ENFORCEMENT OF ARBITRATION AGREEMENTS: THE END OF THE ENGLISH EXCEPTION Gilles Cuniberti Requires Authentication Unlicensed Licensed Download PDF	449
SINGAPORE. THE EFFECT OF CONTRACT ON THE LAW GOVERNING CLAIMS IN TORTS AND EQUITY Tiong Min Yeo Requires Authentication Unlicensed Licensed Download PDF	459
SLOVAK REPUBLIC. THE HABITUAL RESIDENCE IN SLOVAKIAN PRIVATE INTERNATIONAL LAW: DECISION OF THE DISTRICT COURT IN MARTIN OF 21 DECEMBER 2007 Elena Júdová Requires Authentication Unlicensed Licensed Download PDF	471
SWEDEN. THE VALIDITY OF A COLLECTIVE LABOUR AGREEMENT RESULTING FROM A SWEDISH BLACKING – THE RICKMERS TIANJIN (AD 2007 NR. 2) Carolina Saf Requires Authentication Unlicensed Licensed Download PDF	481
CZECH REPUBLIC. JURISDICTION OVER CONSUMER CONTRACTS UNDER ARTICLE 15(1) (B) OF THE BRUSSELS I REGULATION AND THE DEFINITION OF THE ‘CONSUMER’S DOMICILE’ - DE LEGE LATA AND DE LEGE EUROPAEA FERENDA - Monika Pauknerová Requires Authentication Unlicensed Licensed Download PDF	495
Forum
THE RECOGNITION AND ENFORCEMENT OF INTERIM MEASURES ORDERED BY INTERNATIONAL ARBITRATORS Andrea Carlevaris Requires Authentication Unlicensed Licensed Download PDF	503
REGULATING THE JURISDICTION OF COURTS IN INTERNATIONAL LITIGATION: TOWARDS A GLOBAL ANSWER IN CIVIL AND COMMERCIAL MATTERS Laurence Usunier Requires Authentication Unlicensed Licensed Download PDF	541
Texts, Materials and Recent Developments
TURKEY. THE 2007 TURKISH CODE ON PRIVATE INTERNATIONAL LAW AND INTERNATIONAL CIVIL PROCEDURE LAW, NR.: 5718, ADOPTED 27 NOVEMBER 2007 Requires Authentication Unlicensed Licensed Download PDF	583
BOOK REVIEWS Requires Authentication Unlicensed Licensed Download PDF	605
Backmatter Requires Authentication Unlicensed Licensed Download PDF	613

(Deutsch)

Language: English
Publisher: Otto Schmidt/De Gruyter european law pub
Pages
- Front matter: 16
- Main content: 622

eBook

Published: April 27, 2009
ISBN: 9783866537200