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Transnational Litigation In United States Courts

Author: Harold Hongju Koh
ISBN: 9781587787355
Size: 10.32 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.

Forum Shopping And Venue In Transnational Litigation

Author: Andrew S. Bell
Publisher: Oxford University Press on Demand
ISBN: 9780199248186
Size: 20.58 MB
Format: PDF, Mobi
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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: 72.39 MB
Format: PDF, Docs
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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.

Reasoning Rights

Author: Liora Lazarus
Publisher: Bloomsbury Publishing
ISBN: 1849468141
Size: 68.99 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.

The Politics Of Private Transnational Governance By Contract

Author: A. Claire Cutler
Publisher: Taylor & Francis
ISBN: 1315409569
Size: 46.61 MB
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This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

Non State Actors And Human Rights

Author: Philip Alston
Publisher: Oxford University Press, USA
ISBN: 9780199272822
Size: 43.62 MB
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Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Under traditional approaches to human rights, non-state actors cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today.