Transnational Tort Litigation

Jurisdictional Principles

Author: N. McLachlan

Publisher: Oxford University Press

ISBN: 9780198259190

Category: Law

Page: 245

View: 2202

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The scope and application of the rules of civil jurisdiction is of immense practical importance in the conduct of transnational tort cases. Frequently such rules can dictate whether the plaintiff has an effective remedy or not and the shape of the ensuing litigation. The incidence of transborder harms is on the increase. One need only think of transboundary pollution (for example, fall-out from Chernobyl, the determination of proper forum for litigation of the Bhopal dispute); the rise in complex international fraud (Guinness, Ferranti, BCCI); the increase in scope for product liability and intellectual property litigation in international commerce; and transnational personal injury cases arising from the increased flow of persons across national borders. These practical problems give rise to difficult legal issues, which existing domestic rules of jurisdiction may be ill-equipped to resolve. In this timely collection of original articles a leading team of contributors assess existing legal provisions and examine the prospects for reform.
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Lis Pendens in International Litigation

Author: Campbell McLachlan

Publisher: Martinus Nijhoff Publishers

ISBN: 9004179097

Category: Law

Page: 485

View: 8284

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What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.
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The Anatomy of Torture

A Documentary History of Filartiga V. Pena Irala

Author: William J. Aceves

Publisher: BRILL

ISBN: 1571053522

Category: Political Science

Page: 793

View: 6039

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This is the story of one of the most significant examples of human rights litigation in the U.S., presented as a documentary history. The pleadings and documents appear with minimal editing and are supplemented through commentary.
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Jurisdiction in International Law

Author: Cedric Ryngaert

Publisher: Oxford University Press, USA

ISBN: 0199688516

Category: Law

Page: 235

View: 1601

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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
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Principles of International Law

Author: Sean D. Murphy

Publisher: West Group

ISBN: N.A

Category: Law

Page: 506

View: 5096

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This volume provides a comprehensive and up-to-date survey of public international law, with useful references throughout to classic and contemporary cases and scholarship. It is designed as a stand-alone text or as a complement to any of the major casebooks on the topic. The first section of the book addresses the fundamental history and structure of international law; the second section focuses on the interface of international law and national law; and the final section presents the treaties and rules that comprise the major fields of international law: human rights, law of the sea, international environmental law, and more.
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Civil Litigation Against Terrorism

Author: John Norton Moore

Publisher: N.A

ISBN: N.A

Category: Law

Page: 294

View: 9591

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Following the horrific 9/11 terror attacks against America, it was widely assumed that we are employing the full legal arsenal against the terrorists. Sadly, however, America, and indeed the world as a whole, was only in the early stages in applying the full rule of law against the terrorist threat. Paradoxically, while more actively applying criminal sanctions against the purveyors of terror, the potential for civil sanctions through large damage awards against terror groups and their supporters seems to have been largely neglected. This book was the first to explore the means and the challenges to more effectively adding the tool of civil litigation to our legal arsenal in the war on terror. As such, it is an important read for statesmen, foreign affairs and national security experts, political theorists, lawyers, and in fact, all those concerned with winning the war on terror.
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