Transnational Tort Litigation

Jurisdictional Principles

Author: N. McLachlan

Publisher: Oxford University Press

ISBN: 9780198259190

Category: Law

Page: 245

View: 3838

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.


Praxis des internationalen Privat- und Verfahrensrechts

Author: Dieter Henrich,Dieter Schwab

Publisher: N.A

ISBN: 9783769405057

Category: Commercial law

Page: N.A

View: 8674

Lis Pendens in International Litigation

Author: Campbell McLachlan

Publisher: Martinus Nijhoff Publishers

ISBN: 9004179097

Category: Law

Page: 485

View: 5038

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.

Torture as Tort

Comparative Perspectives on the Development of Transnational Human Rights Litigation

Author: Craig Scott

Publisher: Bloomsbury Publishing

ISBN: 1847311083

Category: Law

Page: 776

View: 3341

The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.

Jurisdiction in International Law

Author: Cedric Ryngaert

Publisher: Oxford University Press, USA

ISBN: 0199688516

Category: Law

Page: 235

View: 5533

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.

Civil Litigation Against Terrorism

Author: John Norton Moore

Publisher: N.A


Category: Law

Page: 294

View: 7131

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.

Multinational enterprises and the law

Author: Peter Muchlinski

Publisher: Oxford University Press, USA

ISBN: 9780199227969

Category: Business & Economics

Page: 767

View: 3626

Multinational Enterprises and the Law represents the only comprehensive contemporary and interdisciplinary account of the various techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels. In it, Peter Muchlinksi analyses the major regulatory areas relating to multinational enterprises and covers the main economic law issues relating to jurisdiction, entry and establishment controls and liberalization, tax, company law, competition and technology transfer. The book also deals with the increasingly prominent demands for corporate social responsibility covering labor, rights, human rights and the environment, and the recent developments in arbitral decisions that give increased importance to the protection standards contained in international investment protection agreements.

Dicey and morris on the conflict of laws

fourth cumulative supplement to the thirteenth edition up-to-date to March 1, 2004

Author: Lawrence Antony Collins

Publisher: N.A

ISBN: 9780421661400

Category: Law

Page: 505

View: 6598

Michigan Law Review

Author: N.A

Publisher: N.A


Category: Law reviews

Page: N.A

View: 5555

Conflict of Laws in Australia

Author: Michael J. Tilbury,Gary Davis,Brian R. Opeskin

Publisher: Oxford University Press, USA


Category: Law

Page: 1041

View: 1320

This is a fresh and incisive account of the principal elements that constitute conflict of laws in Australia.

The European Legal Forum

Author: Thomas Simons,Rainer Hausmann

Publisher: N.A


Category: Law

Page: N.A

View: 4142

Multinational Enterprises and Tort Liabilities

An Interdisciplinary and Comparative Examination

Author: Muzaffer Eroglu

Publisher: Edward Elgar Publishing

ISBN: 1848444982

Category: Law

Page: 352

View: 3889

This book conducts an interdisciplinary and comparative examination of tort liabilities of multinational enterprises (MNEs). It examines the social, economic, managerial and legal characteristics of MNEs and compares the findings of this examination to the current understanding of MNEs in the way that tort liability is applied to them. Existing laws and principles related to liability of MNEs are explored from a variety of jurisdictions with the aim of assessing whether these laws are adequate for the challenges that modern MNEs create. Muzaffer Eroglu also proposes solutions to the problems of tort liability of MNEs. Comparing the theory of control in existing laws and the theory of control in business management structure, Multinational Enterprises and Tort Liabilities will be of great interest to academics, researchers, students and practitioners. It will also appeal to NGOs particularly interested with the liabilities of MNEs for their human rights breaches.