Posts Tagged ‘International law’
February 4, 2013
Donald Earl Childress III (Pepperdine University School of Law) has posted “Forum Conveniens: The Search for a Convenient Forum in Transnational Cases”, Virginia Journal of International Law, Vol. 53, No. 1, p. 157, 2012. The abstract reads:
This Article examines the forum non conveniens doctrine as it is applied by federal courts and state courts in present-day transnational litigation. The Article also explores what happens when the doctrine is invoked in cases involving foreign sovereigns. The Article uncovers empirical evidence suggesting increased use of the forum non conveniens doctrine by courts. Unfortunately, this increased use does not come with clear standards for application. After considering the underlying rationales for the doctrine and whether they are effectuated by the current doctrine’s usage in transnational cases, the Article proposes a new series of rules and factors to be balanced by courts when asked to apply the doctrine.
A PDF copy of the paper is available for download on SSRN here.
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Tags:Civil procedure, Conflict of Laws, International law, Forum non conveniens, Pepperdine University School of Law, State court (United States)
Posted in private international law, transnational litigation, conflict of laws, forum non conveniens, choice of law, Transnational, forum selection clause, civil procedure, forum selection, public international law, choice of forum, Forum Shopping, Transnational Law | Leave a Comment »
January 31, 2013
Marko Milanovic (University of Nottingham School of Law) has posted “Domestic Court Decisions as Sources of International Law and Their Effects on the International Plane”. The abstract reads:
This was an introductory paper at the Third ILDC Colloquium, held at the University of Glasgow, 19 May 2011. It broadly covers two sets of issues: first, the place of the decisions of domestic courts within the doctrine of sources in modern international law, and second, the myriad of effects that these decisions can have on the international plane. It discusses inter alia the role of domestic courts as agents of international legal development and socializers of states through norm internalization, as well as their roles in generating, avoiding or resolving international disputes and checking international law and institutions against other norms and values.
Download a pdf copy of the paper at SSRN here.
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Tags:International law, Law, Legal Information, United States, University of Glasgow
Posted in domestic courts, International, international law | Leave a Comment »
December 19, 2012
Laura E. Little (Temple University – James E. Beasley School of Law) has published “Internet Defamation, Freedom of Expression, and the Lessons of Private International Law for the United States”, European Yearbook of Private International Law, Vol. 14, 2012. The abstract reads:
This article reviews current developments in U.S. conflict of laws doctrine pertaining to transnational internet defamation cases, including personal jurisdiction, choice of law, and recognition of judgments. To resolve personal jurisdiction and choice of law issues in internet defamation cases, U.S. courts have adapted rules from the non-internet context with relative ease. Reported cases tend to concern domestic internet disputes between U.S. entities, with few plaintiffs attracted to U.S. courts for the purpose of litigating cross-border defamation claims. Although the U.S. serves as a magnet jurisdiction for many types of litigation, two liability-defeating laws render the country inhospitable to defamation claims: (1) the U.S. Constitution’s First Amendment speech protections and (2) a statute affording immunity to internet “providers or users” for information “provided by another content provider.” Perhaps because of these provisions litigants are largely inspired to go elsewhere. The resulting libel tourism has prompted important U.S. developments pertaining to enforcement and recognition of foreign defamation judgments. Thus, for conflict of laws matters pertaining to internet defamation, it is judgments law that reflects the greatest activity and most profound change.
After reviewing personal jurisdiction and choice of law trends, this article describes legal developments pertaining to internet defamation judgments. The article critiques lawmakers’ adherence to First Amendment exceptionalism in regulating internet defamation judgments and identifies flaws reflected in state libel tourism statutes and the federal libel tourism statute, the SPEECH act of 2010.
Download the article via SSRN here.
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Tags:Freedom of speech, Defamation, Jurisdiction, United States, First Amendment to the United States Constitution, Conflict of Laws, International law
Posted in choice of forum, choice of law, conflict of laws, cyberlibel, defamation, Defamation Law, enforcement, First Amendment, foreign judgments, foreign plaintiffs, international law, internet, internet defamation, internet jurisdiction, internet law, libel, Libel Chill, Libel Tourism, libel tourist, personal jurisdiction, private international law, public policy, SPEECH Act | Leave a Comment »
October 18, 2012
Michael J. Kelly (Creighton University School of Law; American Society of International Law) has published “Prosecuting Corporations for Genocide Under International Law”, Harvard Law & Policy Review, Vol. 6, No. 2, p. 339, 2012. Here’s the abstract:
The thrust of the 1948 Genocide Convention makes people accountable for committing genocide or complicity in genocide. They should not be able to hide in corporate form, and the treaty does not provide protection for corporations from prosecution. International law provides the theoretical tools for such prosecutions. However, modern international criminal tribunals do not establish jurisdiction over companies for participating in atrocities. As the authoritative interpretive body for the treaty, the International Court of Justice should issue an advisory opinion declaring that corporations are capable of committing genocide and, as such, should be tried for it. This would be a logical extension of the ICJ’s recent landmark opinion declaring that states can commit genocide.
A copy of the paper is available for download via SSRN here.
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Tags:Creighton University School of Law, International Court of Justice, International law
Posted in corporate liability, corporate social responsibility, Genocide, international law, jurisdiction, Nuremberg | Leave a Comment »
October 11, 2012
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Riccardo Pavoni (University of Siena – Faculty of Law) has posted “The American Anomaly: On the ICJ’s Misuse of United States Practice in Jurisdictional Immunities of the State”, Italian Yearbook of International Law, Volume XXI, Martinus Nijhoff 2012. The abstract reads:
The ICJ’s treatment of US practice translates into one of the most controversial aspects of the Jurisdictional Immunities judgment. The Court’s approach was elusive and patchy. Certain key decisions by US courts in the field of sovereign immunity were patently neglected, while others were addressed in a misleading manner. This article examines the Court’s citations and omissions relating to US practice, with respect to both the jus cogens and tort exception arguments advanced by Italy in defense of its Ferrini jurisprudence denying immunity when the defendant State is accused of egregious breaches of human rights. The article also enquires into the possible reasons at the root of the Court’s inadequate assessment of US practice. It takes the view that the Court’s dismissive attitude vis-à-vis the anomalous American experience casts doubt over the judgment’s reliability and persuasiveness as an accurate reflection of the contemporary law of State immunity.
A copy of the paper may be downloaded via SSRN here.
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Tags:International law, Italy, United States
Posted in jurisdiction, jus cogens, state immunity, United States | Leave a Comment »
Antonin I. Pribetic
