2007

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.

Contenu

The Rome II Regulation - An Overview
Gerhard Hohloch: Place of Injury, Habitual Residence, Closer Connections and Substantive Scope - the Basic Principles
Th.M. De Boer: Party Autonomy and its Limitations in the Rome II Regulation
Peter Huber / Martin Illmer: International Product Liability. A Commentary on Article 5 of the Rome II Regulation
Michael Hellner: Unfair Competition and Acts Restricting Free Competition. A Commentary on Article 6 of the Rome II Regulation
Thomas Kadner Graziano: The Law Applicable to Cross-Border Damage to the Environment. A Commentary on Article 7 of the Rome II Regulation
Nerina Boschiero: Infringement of Intellectual Property Rights. A Commentary on Article 8 of the Rome II Regulation
Guillermo Palao Moreno: The Law Applicable to a Non-Contractual Obligation with Respect to an Industrial Action. A Commentary on Article 9 of the Rome II Regulation
Bart Volders: Culpa in Contrahendo in the Conflict of Laws. A Commentary on Article 12 of the Rome II Regulation
Georgina Garriga: Relationship between Rome II and Other International Instruments. A Commentary on Article 28 of the Rome II Regulation
Symeon C. Symeonides: Rome II: A Centrist Critique
Yuko Nishitani: The Rome II Regulation from a Japanese Point of View
Cecilia Fresnedo de Aguirre / Diego P. Fernandez Arroyo: A Quick Latin American Look at the Rome II Regulation
Reid Mortensen: A Common Law Cocoon: Australia and the Rome II Regulation

National Reports
Richard Frimpong Oppong: A Decade of Private International Law in African Courts 1997-2007 (Part I)
Dário Moura Vicente: Sources and General Principles of Portuguese Private International Law: An Outline
Dan Andrei Popescu: Some Remarks on the Applicable Law to International Successions in Romania
Gülören Tekinalp: The 2007 Turkish Code concerning Private International Law and International Civil Procedure
Claude Emanuelli: Recognition and Enforcement of Foreign Judgments in Quebec
Christa Roodt: A Wider Vision in Choice of Prescription Law
Christa Jessel-Holst: The Bulgarian Private International Law Code of 2005
Mónica Herránz Ballesteros: New Perspectives in Spanish Legal Practice on the Exercise of Rights of Access Across International Borders

News from Brussels
Kieran St Clair Bradley: Activities of the European Community in the Field of Private International Law in 2007

Court Decisions
Christian A. Heinze / Anatol Dutta: Enforcement of Arbitration Agreements by Anti-Suit Injunctions in Europe - From Turner to West Tankers
Anna Gardella: European Union - The ECJ in Search of Legal Certainty for Jurisdiction in Contract: The Color Drack Decision
Gilles Cuniberti: England - Enforcement of Arbitration Agreements: The End of the English Exception
Tiong Min Yeo: Singapore - The Effect of Contract on the Law Governing Claims in Torts and Equity
Elena Júdová: Slovak Republic - The Habitual Residence in Slovakian Private International Law: Decision of the District Court in Martin of 21 December 2007
Carolina Saf: Sweden - The Validity of a Collective Labour Agreement Resulting from a Swedish Blacking - The Rickmers Tianjin AD Nr. 2
Monika Pauknerová: Czech Republic - Jurisdiction over Consumer Contracts under Article 15(1) (B) of the Brussels I Regulation, and the Definition of the Concept of 'Consumer's' Domicile

Forum
Andrea Carlevaris: The Recognition of Enforcement of Interim Measures Ordered by International Arbitrators
Laurence Usunier: Regulating the Jurisdiction of Courts in International Litigation towards a Global Answer in Civil and Commercial Matters

Texts, Materials and Recent Developments
The 2007 Turkish Code on Private International Law and International Civil Procedure (translated by N. Ay e Odman Boztosun)

Books Reviews