Rome II and Tort Conflicts: A Missed Opportunity Abstract Contents

SYMEON C. SYMEONIDES ROME II AND TORT CONFLICTS
the many commentators who applaud it.
In any event, although European PIL would have been better off with a
“better” Rome II, the more realistic question is whether it would have been better off
without Rome II at all. On balance, this author’s answer is in the negative. If nothing
else, and despite its flaws, Rome II will unify and thus equalize, the private
international law of the member-states of the European Union. Although for some of
these states this equalization will amount to regress, for many more states it will be
clear progress. From a transatlantic perspective, whatever its flaws, this unification or
Europeanization cannot be worse than the complete lack common direction, much less
unity, that characterizes modern American conflicts law. Moreover, one hopes that the
present text of Rome II is not the last step in the arduous process of modernizing and
unifying European private international law in tort conflicts. Indeed a review clause
in Rome II leaves the door open for future changes and adaptations. 199
199. See Rome II, art. 30 (“Not later than 20 August 2011, the Commission shall submit to the
European Parliament, the Council and the European Economic and Social Committee a report
on the application of this Regulation. If necessary, the report shall be accompanied by proposals
to adapt this Regulation.”).
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