Jurisdiction in International Litigation

Front Cover
Federation Press, 2005 - Law - 305 pages
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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.
 

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Contents

Introduction
1
Structure of this book
7
The Context of International Litigation
11
Adversarial system of legal procedure
18
Mandatory and default rules
29
Establishing Jurisdiction in Principle
36
Submission to jurisdiction
43
Jurisdiction under legislation
50
Empirical analysis of outcomes in jurisdictional disputes
149
Conclusion
176
Interests in Jurisdiction
178
Interests of other states
182
States internal interests in litigation
208
Faults of the present principles
224
Comparative Regulation of Jurisdiction
226
Proposed Hague Convention on Jurisdiction and Foreign
236

Jurisdiction over nonnatural persons
60
Subject matter jurisdiction
69
Conclusion
77
Declining Jurisdiction in Principle
79
Express jurisdictional agreements
92
Forum non conveniens and parallel litigation
101
The relationship between existence and exercise of jurisdiction
121
Declining Jurisdiction in Practice
124
Conclusion
251
Reform of Jurisdiction
252
Procedural issues
271
A Critical Analysis of Jurisdiction
273
Courts practices in jurisdictional disputes
278
Jurisdiction
291
Copyright

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