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Transnational Litigation In United States Courts

Author: Harold Hongju Koh
ISBN: 9781587787355
Size: 53.50 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.

Transnational Civil Litigation

Author: George Rutherglen
Publisher: Foundation Press
ISBN: 9781634595001
Size: 57.88 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
Publisher: Oxford University Press on Demand
ISBN: 9780199248186
Size: 44.73 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.

The Proposed Hague Convention On Jurisdiction And Foreign Judgments

Author: Samuel P. Baumgartner
Publisher: Mohr Siebeck
ISBN: 9783161480133
Size: 65.41 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.

Torture As Tort

Author: Craig Scott
Publisher: Bloomsbury Publishing
ISBN: 1847316808
Size: 20.50 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 Pinochet Effect

Author: Naomi Roht-Arriaza
Publisher: University of Pennsylvania Press
ISBN: 9780812219746
Size: 16.11 MB
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What Pinochet's arrest has taught us about transnational justice and international jurisdiction.

International Judicial Assistance

Author: Bruno A. Ristau
Publisher: Springer
ISBN: 9789041109965
Size: 49.45 MB
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International Judicial Assistance is the authoritative practice guide & standard reference work for attorneys involved in transnational litigation. The work has been cited repeatedly by the U.S. Supreme Court & lower courts & in scholarly publications. The authors' extensive practical commentary is supplemented by numerous appendices, including all relevant international conventions, country-by-country indexes of pertinent bilateral treaties & blocking legislation, bilateral & multilateral treaties, & pertinent U.S. legislation. Volumes 1-2: Civil & Commercial In the first two volumes of International Judicial Assistance, on civil & commercial matters, Bruno Ristau presents a thorough treatment of discovery & service of documents abroad; discusses judicial assistance rendered to American courts or litigants by foreign courts as well as assistance by U.S. courts to foreign litigants; & provides convenient forms on all aspects of international judicial assistance. He also analyzes the major international conventions & the case law bearing upon those conventions in the United States & other signatory states. Volumes 3-6: Criminal These four volumes on criminal matters, by Michael Abbell with the collaboration of Bruno Ristau, surpass any other publication on the subject. They guide the attorney who must obtain evidence abroad or obtain evidence in the United States for foreign litigation, who needs to effect extradition to or from the United States, or who is involved in international transfer of prisoners.

Reasoning Rights

Author: Liora Lazarus
Publisher: Bloomsbury Publishing
ISBN: 1849468141
Size: 19.35 MB
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This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.