Transnational Tort Litigation

Author: N. McLachlan
Publisher: Oxford University Press
ISBN: 0198259190
Release Date: 1996
Genre: Law

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.

Jurisdiction in International Law

Author: Cedric Ryngaert
Publisher: Oxford University Press, USA
ISBN: 9780199688517
Release Date: 2015
Genre: Law

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.

Torture as Tort

Author: Craig Scott
Publisher: Bloomsbury Publishing
ISBN: 9781847311085
Release Date: 2001-05-22
Genre: Law

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 Anatomy of Torture

Author: William J. Aceves
Publisher: BRILL
ISBN: 9781571053527
Release Date: 2007-01-01
Genre: Political Science

This is the story of one of the most significant examples of human rights litigation in the U.S., presented as a documentary history. The pleadings and documents appear with minimal editing and are supplemented through commentary.

IPrax

Author: Dieter Henrich
Publisher:
ISBN: 3769405056
Release Date: 1998
Genre: Commercial law


Principles of International Law

Author: Sean D. Murphy
Publisher: West Group
ISBN: STANFORD:36105063750793
Release Date: 2006
Genre: Law

This volume provides a comprehensive and up-to-date survey of public international law, with useful references throughout to classic and contemporary cases and scholarship. It is designed as a stand-alone text or as a complement to any of the major casebooks on the topic. The first section of the book addresses the fundamental history and structure of international law; the second section focuses on the interface of international law and national law; and the final section presents the treaties and rules that comprise the major fields of international law: human rights, law of the sea, international environmental law, and more.

Multinational Enterprises and Tort Liabilities

Author: Muzaffer Eroglu
Publisher: Edward Elgar Publishing
ISBN: 9781848444980
Release Date: 2008-01-01
Genre: Law

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.

Civil Litigation Against Terrorism

Author: John Norton Moore
Publisher:
ISBN: UOM:39015058222517
Release Date: 2004
Genre: Law

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.