Essays in International Litigation for Lord Collins

by Harris, Jonathan; McLachlan, Campbell

• ISBN13: 9780192867988
• ISBN10: 0192867989
• Format: Hardcover
• Copyright: 2023-01-20
• Publisher: Oxford University Press

Summary

The practice of international litigation has been transformed in recent decades. Central to the development of international litigation as a field has been the remarkable career of Lord Collins: scholar, practitioner, judge and arbitrator. In this collection in his honour, inspired by Collinss own late 20th Century classic Essays in International Litigation and the Conflict of Laws (OUP 1994), Jonathan Harris and Campbell McLachlan present the research of sixteen jurists of international renown. They offer a fresh appraisal of key developments across the field: from climate litigation to offshore trusts, the impact of Brexit and the new tools for international judicial cooperation.

Organised into five parts, the book offers a set of unique insights into the conduct of cross-border litigation; the judicial role in international cases; the shape of English private international law; the conduct of international arbitration; and the interface with public international law. As a whole, the book offers the opportunity to reflect on the deeper purposes of international litigation in the pursuit of comity.

Author Biography

Jonathan Harris, Professor of International Commercial Law, King's College, London,Campbell McLachlan, Professor of Law, Victoria University of Wellington

Jonathan Harris is general editor with Lord Collins of Dicey, Morris & Collins, The Conflict of Laws (16th edn, 2022). He practises at Serle Court Chambers and is a Bencher of Lincoln's Inn. He is Professor of International Commercial Law at King's College, London and Senior Research Fellow at Jesus College, Oxford. He is co-editor of the Journal of Private International Law and a member of the Ministry of Justice's Private International Law Advisory Committee. He has drafted trusts legislation for a number of jurisdictions. In 2016, he was appointed Queens Counsel (Honoris Causa).

Campbell McLachlan is Professor of Law, Victoria University of Wellington and Arthur Goodhart Visiting Professor of Legal Science, University of Cambridge (2022-2023). He practised international litigation at Herbert Smith London from 1988 until his professorial appointment in 2003. He holds the Diploma cum laude of The Hague Academy of International Law. He is a member of the Permanent Court of Arbitration, the ICSID List of Arbitrators and the Institut de Droit International. He is Joint Editor of ICSID Review—Foreign Investment Law Journal and a specialist editor of Dicey, Morris & Collins, The Conflict of Laws. In 2007, he was appointed Queens Counsel.

Table of Contents

Introductory Essay
Lord Collins of Mapesbury: Process and Principle in the Development of International Litigation
Campbell McLachlan & Jonathan Harris

PART I: CROSS-BORDER LITIGATION
1. Private International Law but Not as We Know it: 'Firewall' Legislation in Offshore Jurisdictions
Jonathan Harris
2. The Conceptual Economy of Private International Law
Horatia Muir Watt
3. The 2019 Hague Judgments Convention: A Step into the Future or a Restatement of the Present?
Fausto Pocar
4. Warming Up for Climate Change Around the World
Hans van Loon

PART II: THE JUDICIAL ROLE IN INTERNATIONAL CASES
5. Soliciting Wise Counsel-Lord Collins' Contribution to the Judicial Approach in International Commercial Cases
Elizabeth Gloster
6. Foreign affairs, Parliament and the Judiciary
Campbell McLachlan
7. The United Kingdom Supreme Court and References to the Court of Justice of the European Union: Past and Future
David Lloyd Jones

PART III: ENGLISH PRIVATE INTERNATIONAL LAW
8. Rome I repatriated: Post-Brexit, How Will the 'Retained' Rome I Determine the Appliable Law of Bill of Lading Contracts?
Richard Aikens
9. Abouloff v Oppenheimer Revisited
Andrew Dickinson
10. Post-Brexit: The New Shape of English Private International Law
Trevor Hartley
11. Exorbitant Jurisdiction and the Common Law
Alex Mills

PART IV: INTERNATIONAL ARBITRATION
12. Article 25 of the ICSID Convention
Jonathan Mance
13. Discovery, Arbitration, and 28 U.S.C. §1782: Rules or Standards?
Linda Silberman

PART V: PUBLIC INTERNATIONAL LAW
14. The United Nations Declaration on the Rights of Indigenous Peoples and Canadian law
Frank Iacobucci
15. National Obstinacy and International Conventions
iDavid McClean
16. British members of the Institut de Droit International
Peter North

List of Lord Collins' Publications
Index