Transnational Tort Litigation Jurisdictional Principles

by McLachlan, Campbell; Nygh, Peter

• ISBN13: 9780198259190
• ISBN10: 0198259190
• Format: Hardcover
• Copyright: 1996-11-28
• Publisher: Clarendon Press

Summary

The scope and application of the rules of civil jurisdiction is of immense practical importance in the conduct of transnational tort cases. The incidence of transborder harms is on the increase. 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 (Guiness, 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 people across national borders. These practical problems give rise to difficult legal issues, which existing domestic rules of jurisdiction may be ill-equipped to resolve, and in this timely collection of original articles a leading team of contributors assess existing legal provisions and examine the prospects for reform.

Table of Contents

The Common Law Approach

The United States Approach

The Civil Law Approach

Fraud

Defamation

Product Liability

Environmental Damage

Securities, Hans van Houtte;Competition

Accidents

Intellectual Property

Restitution

Transnational Fraud

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