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.
West Academic Press
|Country of origin:
||Concepts and Insights
George A Rutherglen
International law >
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