Transnational Tort Litigation

Jurisdictional Principles

By: Campbell McLachlan (Editor), Peter Nygh (Editor)

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Hardcover | 1 October 1996

At a Glance

Hardcover
288 Pages

Dimensions(cm)
23.39 x 15.6 x 1.75

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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.

Industry Reviews

`'this is an impressive work of reference for any lawyer's shelf.'' Litigation 'the collection is well balanced and, if there is a slight emphasis on practice, this is, perhaps, inevitable in a topic which is, essentially, procedural in nature...The end result is that each chapter provides a fascinating insight into both the common ground and the still quite significant differences between the approach of legal systems to jurisdiction in particular torts...it should certainly feature highly in the material considered by the Hague Conference in its work in progress on jurisdiction and the enforcement of judgements and is highly recommended to any reader with an interest in its outcome.' ... common starting-points lead the contributors to widely differing conclusions. This book will provide an essential point of reference as the debates proceed./ David McClean, The British Year Book of International Law, 1997. ... let us hope that this invaluable piece of work is but volume one of an indispensible series./ Elizabeth Greenwood, International and Business Law, Vol. 4, 1999.

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