An analytical overview of the application of Rome II regulation within a maritime context

Abstract

The introduction of Regulation (EC) No. 864/2007 (Rome II) is considered a landmark development within the annals of European private international law. It is considered the most significant step in the ‘Europeanization’ of private international law amongst European Union Member States, a step that has been aptly characterized as the European conflicts revolution. This regulation governs non-contractual obligations arising out of commercial and civil matters, and will be examined by considering the Private International Law rules within this regulation, particularly from a maritime perspective. Rome II provides a general rule, exceptions and special rules to cater for a vast number of tortious claims ranging from various different legal sectors with the aim of harmonizing and codifying conflict of law rules, which the author will focus on to show Rome II’s success or otherwise from a maritime viewpoint. In this study, the author will first introduce the legal notions of jurisdiction and applicable law, clearly defining the distinction between the two and the relevance of the choice of the appropriate applicable law with regard to Rome II. This paper will then delve into the scope and implementation of Rome II, giving particular focus on its importance within the field of shipping law and in maritime related disputes. The author will then highlight the general rule as well as the exceptions prescribed under this Regulation. Furthermore, the application of the said rules and exceptions within a maritime context will then be examined. Finally, this paper will seek to identify any limitations of Rome II, whilst the author will also provide his opinion on the current text and possibilities to better such position, as also applied in cases of maritime casualties.