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Transnational Civil Litigation - Principles and Prospects (Paperback, 2nd Revised edition)
Loot Price: R2,112
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Transnational Civil Litigation - Principles and Prospects (Paperback, 2nd Revised edition)
Series: Concepts and Insights
Expected to ship within 9 - 15 working days
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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.
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