The Application Of Multiple Laws Under The Romeii Regulation

Abstract

This chapter evaluates the attitude within Rome II towards the application of multiple laws to non-contractual obligations, focusing on the general choice of law rules for torts and delicts. Private international law rules always involve a variety of competing policy considerations, including certainty, flexibility and party autonomy. The chapter shows that the tension between these policy objectives also underlies the question of the extent to which choice of law rules for non-contractual obligations should permit the application of multiple applicable laws. Mosaic principle emerges as a response to one of the basic problems in designing a general choice of law rule in tort, dealt with in Article 4 of Rome II. Dpeage is a perennial problem in private international law, particularly in the context of choice of law in tort. The chapter examines the approach adopted in Rome II and evaluates that position through a broader comparative and theoretical framework. Keywords: dpeage; Mosaic Principle; non-contractual obligations; party autonomy; private international law; Rome II regulation