영국의 EU 탈퇴와 국제사법 - 불법행위에 관한 준거법 선택규칙을 중심으로 -

The United Kingdom decided to withdraw from the European Union through a national referendum held on June 23, 2016, and officially withdrew from the EU on February 1, 2020, with the entry into force of the 「Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community」. The UK's withdrawal from the EU(Brexit) means that EU law no longer applies in all areas where EU law prevails, including the law applicable to non-contractual obligations. Consequently, the Rome II Regulation no longer applies to legal disputes involving the UK as a relevant party. Without the application of the Rome II Regulation, the choice of law rules for non-contractual obligations in the UK will return to its domestic legal system. Without appropriate transitional provisions, this may lead to an undesirable situation where different systems apply to the same set of facts based on the date of withdrawal. To ensure the maintenance of a functional legal framework in international legal disputes in response to such changes, the UK enacted the 「European Union (Withdrawal) Act 2018」. Additionally, in relation to the choice of law rules, the UK implemented 「the Law Applicable to Contractual Obligations and Non-Contractual Obligations(Amendment etc.) (EU Exit) Regulations 2019」, which replaced the existing Rome I and Rome II Regulations with UK law. This regulation explicitly states that certain provisions of the existing Rome II Regulation continue to apply as part of UK law (UK Rome II) through modifications, ensuring the preservation of its content even after the EU withdrawal. Therefore, it is difficult to say that the UK's withdrawal from the EU has brought significant changes to the choice of law rules for torts. However, it should be noted that the UK's adoption of the Rome II Regulation as part of domestic law is based on the current legal status. EU laws, including the Rome II Regulation, can be amended in the future, and specific provisions will not automatically apply in the UK. Any amended provisions would need to be expressly adopted through UK domestic legislation. Therefore, it is important to pay attention to the legal measures that the UK may take if the Rome II Regulation is amended in the future. Furthermore, the UK's withdrawal from the EU also necessitates consideration of the fact that the UK is no longer bound by the jurisprudence of the Court of Justice of the European Union(CJEU). While the UK has chosen to retain the Rome II Regulation as part of domestic law, the absence of CJEU jurisdiction raises uncertainty about how UK courts will interpret and apply retained EU law provisions. EU legislative activities have been closely linked to CJEU case law, with the CJEU primarily responsible for interpreting EU law and providing new directions for EU legislative activities. The UK's withdrawal from the EU will inevitably remove the influence of CJEU case law on UK court decisions, and CJEU interpretations and judgments will no longer have a direct impact on UK court determinations. This also applies to the field of determining the law applicable to torts and other non-contractual obligations. While the persuasive power of CJEU rulings may still be considered to some extent, UK courts will develop their own jurisprudence in this field, and it is expected that different interpretations of the same Rome II provisions may arise between the CJEU and UK courts. This study aims to examine the application relationship between the choice of law rules for torts under the Rome II Regulation, which applied before the UK's EU withdrawal, and to review the modifications to the domestically enacted Rome II Regulation (UK Rome II) after the withdrawal.