The Impact of the Rome II Regulation on Product Liability Claims: An Analysis of Case Law from European Jurisdictions (Published)
The Rome II Regulation is a legal framework that pertains to the determination of the applicable law in cases involving non-contractual obligations, which encompasses claims related to product liability. This article undertakes an analysis of the effects of the Rome II Regulation on claims related to product liability within various jurisdictions across Europe. This article critically assesses the impact of the Rome II Regulation on the resolution and litigation patterns of product liability claims by analysing case law from multiple jurisdictions. The article delves into the matters pertaining to jurisdiction, choice of law, and damages, while also scrutinising any challenges or controversies that have emerged in the implementation of the Rome II Regulation in product liability cases. The analysis demonstrates that the Rome II Regulation has effectively enhanced the level of certainty and predictability in the determination of the applicable law for product liability claims. However, it has also presented certain difficulties, including the intricate nature of the choice of law rules and the potential for engaging in forum shopping. The article presents potential strategies to address these difficulties and ultimately asserts that the Rome II Regulation has generally yielded favourable outcomes in the settlement of product liability disputes within European jurisdictions.
The Impact of AI on Determining the Applicable Law in Cross-Border Disputes Under the Rome II Regulation (Published)
The rapid advancement of artificial intelligence (AI) has significantly impacted choice of legislation issues in international litigation under the Rome II Regulation. This research paper aims to analyse the impact of AI on the application of the Rome II Regulation and identify the challenges it poses to the current legal framework. The paper will first examine the fundamental principles of the Rome II Regulation and its application to cross-border disputes. It will then explore the role of AI in determining the applicable law, focusing on the challenges faced by courts in applying the Regulation to disputes involving AI systems. The study will also assess the potential implications of AI on the interpretation and application of the Rome II Regulation’s provisions on non-contractual obligations. Additionally, it will analyse the suitability of the Rome II Regulation for regulating disputes arising from the use of AI systems. Finally, the research paper will offer recommendations on how to address the challenges posed by AI choice of legislation issues in international litigation under the Rome II Regulation. The study is expected to contribute to the current understanding of the impact of AI on the legal system and inform future policy development in this area.
Citation: Çami L., and Skënderi.X. (2023) The Impact of AI on Determining the Applicable Law in Cross-Border Disputes Under the Rome II Regulation, Global Journal of Politics and Law Research, Vol.11, No.3, pp.1-10
Europeanization of private international law of the European Union member states is a Condition Sine Qua Non for the well functioning of the European common market. In this frame, creation of a unified group of rules for determination of the applicable law in potential cases that may arise is a necessity. Among this rules, one of the most debated topic is exclusion that relates with public order or public policies. The application of the foreign law sometimes constitutes a “dance with the unknown”, and this “dance” reflects some threats that become visible when the application of the foreign law is in conflict with some fundamental concepts of the lex fori. Even though, the exclusion of the foreign law should be an exceptional case that should happen once in a blue moon. Public order does not reflect a connection criteria, but it acts before a conflictual reasoning emerges, to block in extremis the application of the foreign law. In this frame, analyzing the Rome II Regulation regarding the public policy of the European Union (forum) represents a major problem in respect of its historical implementation background.