George Rutherglen

Transnational Civil Litigation: Principles and Prospects

PUBLISHER
Foundation Press
DATE
2022
 

Abstract

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 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.

Changes in the 2nd Edition
These chapters take account of recent developments, since the last edition, concerned with decisions restricting personal jurisdiction, particularly in transnational cases; amendments to the Foreign Sovereign Immunities Act creating new human rights claims; decisions further restricting the scope of the Alien Tort Statute; and citations to the recast regulation of the EU on jurisdiction and recognition of judgments.

Citation

George Rutherglen, Transnational Civil Litigation: Principles and Prospects, Foundation Press (2 ed. 2022).
 

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