Choice Of Law In Transnational Tort Litigation
Download Choice Of Law In Transnational Tort Litigation full books in PDF, epub, and Kindle. Read online free Choice Of Law In Transnational Tort Litigation ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Craig Martin Scott |
Publisher | : Bloomsbury Publishing |
Total Pages | : 493 |
Release | : 2001-05-22 |
Genre | : Law |
ISBN | : 1847316808 |
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. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.
Author | : Campbell McLachlan |
Publisher | : Oxford University Press |
Total Pages | : 298 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780198259190 |
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.
Author | : JACK & HOOK WASS (MARIA.) |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : |
ISBN | : 9780947514112 |
Author | : Friedrich K. Juenger |
Publisher | : Brill Nijhoff |
Total Pages | : 0 |
Release | : 2005 |
Genre | : Conflict of laws |
ISBN | : 9781571053305 |
Contains "the original text with a set of comments by experts in the field."
Author | : Dean Symeon C. Symeonides |
Publisher | : Oxford University Press |
Total Pages | : 841 |
Release | : 2016-04-15 |
Genre | : Law |
ISBN | : 0190496746 |
Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Author | : Symeon Symeonides |
Publisher | : Oxford University Press, USA |
Total Pages | : 466 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199360847 |
"The book is a comparative study of the choice-of-law codifications and convenƯ tions adopted in each of the inhabited continents in the last so years. Its main purpose is to document and inform rather than to critique. Although I do not always hide my opinion, I continue to act on the conviction that what we can learn from legislators is far more important than what they can learn from us" -- PREFACE.
Author | : Alex Mills |
Publisher | : Cambridge University Press |
Total Pages | : 595 |
Release | : 2018-08-16 |
Genre | : Law |
ISBN | : 1107079179 |
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author | : Symeon Symeonides |
Publisher | : West Academic Publishing |
Total Pages | : 952 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
Author | : Oxford Editor |
Publisher | : |
Total Pages | : 1392 |
Release | : 2021-03 |
Genre | : |
ISBN | : 9780198840107 |
This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
Author | : Sarah Joseph |
Publisher | : Hart Publishing |
Total Pages | : 190 |
Release | : 2004-08 |
Genre | : Business & Economics |
ISBN | : 1841134570 |
This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.