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Author: Gerlinde Berger-Walliser
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The U.S. Supreme Court, in a series of recent cases, has restricted personal jurisdiction over corporate defendants -- and foreign corporations in particular. The Supreme Court's restrictions are -- although a peripheral concern -- motivated by an interest for international comity and an effort to bring US jurisdiction rules more in line with other nations' laws. However, an in-depth comparative analysis between the EU Brussels Regulation and U.S. Supreme Court opinions reveals that the Supreme Court's decisions remain deeply grounded in the traditional U.S. paradigm of personal jurisdiction. The persisting differences help explain why further harmonization of U.S. jurisdiction rules with EU law remains difficult. Predictability appears to have different meanings to the EU legislator and the U.S. Supreme Court. For the Supreme Court, predictability comes at the price of restricting both general and specific jurisdiction to limit exposure of the alien defendant to fewer potential forums. The Brussels Regulation in contrast provides a lengthy, but exhaustive, list of special heads of jurisdiction. It thereby extends what U.S. law would call specific jurisdiction and takes into account the interests of defendants, plaintiffs, and the forum State, both as a matter of public policy and sovereignty. Hence, the Regulation's use of clearly defined connecting factors in lieu of imprecise legal terms, combined with European rejection of judicial discretion, could serve as a model to mitigate the shortcomings of the current U.S. regime.
Author: Gerlinde Berger-Walliser
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The U.S. Supreme Court, in a series of recent cases, has restricted personal jurisdiction over corporate defendants -- and foreign corporations in particular. The Supreme Court's restrictions are -- although a peripheral concern -- motivated by an interest for international comity and an effort to bring US jurisdiction rules more in line with other nations' laws. However, an in-depth comparative analysis between the EU Brussels Regulation and U.S. Supreme Court opinions reveals that the Supreme Court's decisions remain deeply grounded in the traditional U.S. paradigm of personal jurisdiction. The persisting differences help explain why further harmonization of U.S. jurisdiction rules with EU law remains difficult. Predictability appears to have different meanings to the EU legislator and the U.S. Supreme Court. For the Supreme Court, predictability comes at the price of restricting both general and specific jurisdiction to limit exposure of the alien defendant to fewer potential forums. The Brussels Regulation in contrast provides a lengthy, but exhaustive, list of special heads of jurisdiction. It thereby extends what U.S. law would call specific jurisdiction and takes into account the interests of defendants, plaintiffs, and the forum State, both as a matter of public policy and sovereignty. Hence, the Regulation's use of clearly defined connecting factors in lieu of imprecise legal terms, combined with European rejection of judicial discretion, could serve as a model to mitigate the shortcomings of the current U.S. regime.
Author: Cedric Ryngaert
Publisher:
ISBN: 0199688516
Category : Law
Languages : en
Pages : 273
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Book Description
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.
Author: Valentina Volpe
Publisher: Springer Nature
ISBN: 3662623048
Category : Law
Languages : en
Pages : 427
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Book Description
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Author: Neil Boister
Publisher: OUP Oxford
ISBN: 0191632023
Category : Law
Languages : en
Pages : 544
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Book Description
The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.
Author: Mary Keyes
Publisher: Federation Press
ISBN: 9781862875678
Category : Law
Languages : en
Pages : 340
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Book Description
Transport and communications technologies have made international disputes common, and a frequent practical issue is which country or countries have jurisdiction to resolve the dispute. Existing literature on private international law tends to emphasize choice of law rather than jurisdiction. Cases tend to show that the practical significance of Jurisdiction has yet to be appreciated. This groundbreaking book fills in these gaps and offers a critical analysis of the principles and the theoretical foundations applied to resolve private international jurisdictional disputes and of the manner in which those principles are applied in practice by: Describing the context in which international jurisdiction disputes are determined Explaining and critically analysing the principles of jurisdiction Explaining and critically analysing the manner in which the principles are applied Identifying the interests which motivate principles and the courts' application of the principles Recommending reforms to the principles by demonstrating that the existing principles of jurisdiction are flawed, and ought to be reformed by taking into account the law's objectives, defined by relevance to state and private interests.
Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Category : Business & Economics
Languages : en
Pages : 559
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Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Author: Stephen Macedo
Publisher: University of Pennsylvania Press
ISBN: 9780812219500
Category : Law
Languages : en
Pages : 398
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Book Description
Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.
Author: Malcolm Langford
Publisher: Cambridge University Press
ISBN: 1107012775
Category : Law
Languages : en
Pages : 497
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Book Description
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Author: Martin Petrin
Publisher: Edward Elgar Publishing
ISBN: 1800371284
Category : Law
Languages : en
Pages : 501
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Book Description
This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, to the key areas of liability in practice. Interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on vicarious liability in tort and its application to corporations, and accountability for AI labour.
Author: Miguel Maduro
Publisher: Cambridge University Press
ISBN: 1107028310
Category : Law
Languages : en
Pages : 411
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Book Description
This book examines the effects of law's de-nationalisation by placing European law in the context of transnational law.
