transnational litigation in united states courts concepts and insights

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Transnational Litigation In United States Courts

Author : Harold Hongju Koh
ISBN : 1587787350
Genre : Law
File Size : 69. 32 MB
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This readable text by a leading international law scholar provides an incisive, analytic guide to transnational litigation in the United States courts, covering complex doctrines in depth, while remaining clear and accessible for students. All major doctrinal areas are addressed, including transnational public and private law litigation, extraterritoriality, foreign sovereign immunity, the Act of State Doctrine, jurisdiction to adjudicate, service of process, forum non conveniens, transnational discovery, and recognition and enforcement of foreign judgments and injunctive decrees.

Global Issues In Tort Law

Author : Julie A. Davies
ISBN : STANFORD:36105064227916
Genre : Law
File Size : 34. 19 MB
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"This book is primarily intended for use as a supplement in domestic torts courses."--Preface, p. v.

Transnational Litigation

Author : Louise Ellen Teitz
ISBN : STANFORD:36105060441396
Genre : Law
File Size : 37. 82 MB
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Transnational Civil Litigation

Author : George Rutherglen
ISBN : 1634595009
Genre :
File Size : 39. 35 MB
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This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.

Forum Shopping And Venue In Transnational Litigation

Author : Andrew S. Bell
ISBN : 0199248184
Genre : Law
File Size : 83. 93 MB
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Forum shopping in international litigation and arbitration is the product of the differences which exist in the procedural and substantive laws of countries throughout the world participating in an ever-more globalized economy.This book provides an in-depth study of the conditions for, motivations behind and techniques of forum shopping as well as possible defences against it. It will be of interest to practitioners, judges and academics throughout the common law world, the European Union and the United States.

Torture As Tort

Author : Craig Scott
ISBN : 9781847316806
Genre : Law
File Size : 67. 62 MB
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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.

The National Security Constitution

Author : Harold Hongju Koh
ISBN : 0300044933
Genre : Law
File Size : 67. 18 MB
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Discusses the Iran-Contra affair and its implications.

The Pinochet Effect

Author : Naomi Roht-Arriaza
ISBN : 0812219740
Genre : Law
File Size : 76. 98 MB
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What Pinochet's arrest has taught us about transnational justice and international jurisdiction.

Legal Interpretation In International Commercial Arbitration

Author : Joanna Jemielniak
ISBN : 9781317106203
Genre : Law
File Size : 38. 49 MB
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This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.

The Proposed Hague Convention On Jurisdiction And Foreign Judgments

Author : Samuel P. Baumgartner
ISBN : 3161480139
Genre : Law
File Size : 87. 70 MB
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In this study, the current effort at The Hague to create a world-wide convention on jurisdiction and judgments is taken as a starting point to inquire into the process of making law for transnational litigation across the Atlantic Ocean. Samuel Baumgartner seeks to demonstrate that the difficulties that have plagued the negotiations at The Hague are largely the result of very different views on the appropriate approaches to transnational cases in the United States on the one hand and in continental Europe on the other. He traces the historical development of those approaches and utilizes a case study to more clearly identify the factors affecting lawmaking for transnational litigation. He concludes that treaties such as the one currently negotiated at The Hague have great promise as tools for lawmaking in this area, but only if the negotiators engage in mutual education about the assumptions and ideas underlying their policy preferences. A discussion of the implications of these findings for the remaining discussions at The Hague concludes the book.

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