Asserting Jurisdiction
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Asserting Jurisdiction
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Author : Patrick Capps
language : en
Publisher: Hart Publishing
Release Date : 2003-09-02
Asserting Jurisdiction written by Patrick Capps and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-02 with Law categories.
This collection explores the ways in which key European and International legal institutions define the boundaries of jurisdictional competence.
Accountability In Extraterritoriality
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Author : Danielle Ireland-Piper
language : en
Publisher:
Release Date : 2017
Accountability In Extraterritoriality written by Danielle Ireland-Piper and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Comparative law categories.
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the 'abuse of rights' doctrine. Utilizing a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction. While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.
The Protective Principle Of International Criminal Jurisdiction
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Author : Iain Cameron
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1994
The Protective Principle Of International Criminal Jurisdiction written by Iain Cameron and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
This work examines the role and function that the protective principle plays in international criminal law as a whole. It also analyzes the systems of criminal jurisdiction in Sweden and the United States. Shorter analyses are also made of the Danish, Norwegian and British systems.
Research Handbook On Jurisdiction And Immunities In International Law
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Author : Alexander Orakhelashvili
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-10-30
Research Handbook On Jurisdiction And Immunities In International Law written by Alexander Orakhelashvili and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-30 with Law categories.
This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
Universal Civil Jurisdiction
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Author : Serena Forlati
language : en
Publisher: BRILL
Release Date : 2020-10-12
Universal Civil Jurisdiction written by Serena Forlati and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-12 with Law categories.
In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
International Organizations Before National Courts
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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2000-04-13
International Organizations Before National Courts written by August Reinisch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-13 with Law categories.
A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.
International Adjudicature Jurisdiction
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Author : Nobuki Nishikawa
language : en
Publisher:
Release Date : 1991
International Adjudicature Jurisdiction written by Nobuki Nishikawa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Jurisdiction (International law) categories.
International And Comparative Competition Law
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Author : Maher M. Dabbah
language : en
Publisher: Cambridge University Press
Release Date : 2010-09-16
International And Comparative Competition Law written by Maher M. Dabbah and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-16 with Law categories.
This thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and, in particular, the differences between US and EU systems. Taking examples from regions such as Africa, the Middle East and Asia, Maher M. Dabbah looks at the law and policy in developing countries and at a regional level, the internationalisation of competition law and the doctrines of extraterritoriality, bilateral cooperation and multilateral cooperation as well as the relationship between competition and trade policy. The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy. It is written in a language and style which make such a complex topic both possible to understand and enjoyable.
Jurisprudence Of Jurisdiction
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Author : Shaun Mcveigh
language : en
Publisher: Routledge
Release Date : 2007-03-12
Jurisprudence Of Jurisdiction written by Shaun Mcveigh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-12 with Law categories.
For much of the history of the western legal order, jurisdiction has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, with no power to address the conditions of attachment to legal and political order. The starting point of this book lies with the claim that a sharper focus can be given to normative legal ordering through questions of jurisdiction than can be through those of moral responsibility or social action. This is so because jurisdiction articulates both the potentiality of law and the conditions of its exercise. It provides the idiom of response to the fact that there is law and to the fact that law institutes, judges and addresses a form of life. From this viewpoint the contributors to this book examine the institution of human rights, the new global and national orders of sovereign power and of trade and information, the judgment and government of death and desire, and the address of colonial and post-colonial legal idioms. In doing this the contributors also provide for the elaboration of questions of jurisdiction as part of the resources and repertoires of jurisprudence. This book provides a point of entry to an emergent genre of writing within doctrinal, historical and critical jurisprudence that has returned to questions of jurisdiction to think again about juridical order and change. In so doing, it also points to questions that must be asked for there to be any interdisciplinary study that addresses law.
Look Both Ways Before You Cross The Tracks
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Author : Patrick Joseph Borchers
language : en
Publisher:
Release Date : 2023
Look Both Ways Before You Cross The Tracks written by Patrick Joseph Borchers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
In Mallory v. Norfolk Southern Railway Co., the U.S. Supreme Court followed its over-century old precedent in Pennsylvania Fire Insurance Co. v. Gold Issue Mining Co. and held that service of Norfolk Southern's registered agent for service of process meant that Pennsylvania's exercise of jurisdiction did not violate the Due Process Clause, even though none of the underlying events occurred in Pennsylvania. Since 1945, U.S. jurisdiction has been dominated by the minimum-contacts test, which is thought to divide the jurisdictional world in half. “Specific” jurisdiction is jurisdiction based on events arising out of or related to the suit. “General jurisdiction” is jurisdiction based on unrelated contacts.Until 2011, the Supreme Court had little to say about general jurisdiction, but then in a series of three cases it sharply limited general jurisdiction over corporations to states where they were “essentially at home.” In practice, this has come to mean that corporations are subject to general jurisdiction only in their state of incorporation or principal place of business. Combined with a series of cases mostly siding with defendants in special jurisdiction cases left plaintiffs searching for a U.S. forum, even though a substantial portion of the events giving rise to suit occurred in the U.S.This brought a renewed interest in asserting jurisdiction by serving the registered agent of a corporation (or any other entity required to appoint an in-state agent). Pennsylvania Fire expressly approved this practice and the Supreme Court had never overruled it. Yet, lower courts were divided with some concluding that Pennsylvania Fire had been implicitly overruled by the Supreme Court's “at-home” line of cases and others concluding that it was good law.Five to four, the Supreme Court concluded that Pennsylvania Fire is still good law. Yet future complications await. The lead opinion was a four-vote plurality in places and a five-to-four majority in others. In his solo opinion, Justice Alito concluded that Pennsylvania Fire was good law as to the Due Process Clause but suggested that in cases like Mallory - in which the underlying events had little or nothing to do with the forum state - that the dormant Commerce Clause might render the assertion of jurisdiction unconstitutional.A plurality of the Justices argued that allowing jurisdiction based on in-state service of a corporate agent was a logical counterpart to the rule that an individual defendant is amenable to jurisdiction if served while in the forum state even if only fleetingly there. Whether that rationale ultimately commands a majority of the Court remains to be seen. The Court also left unanswered important questions about the nature needed of statutory authorization for jurisdiction. The Pennsylvania statute considered by the Mallory Court was unusual (perhaps unique) in expressly providing that registering a corporate agent (a condition of doing business in every state) submits the corporation to the jurisdictional power of the state. However, most state statutes (including the one considered in Pennsylvania Fire and in the Georgia Supreme Court case that created the split of authority that caused the Supreme Court to review that case) simply provide that the corporation must register an agent, without expressly addressing jurisdictional power. Because only Justice Alito addressed the Commerce Clause, the extent to which the Commerce Clause limits state-court jurisdiction (if at all) is an open question. It seems clear that if there is an obvious connection to the forum state (such as the plaintiff's residence) that jurisdiction can be asserted under Alito's view.There's also the worry - expressed by Alito and the four dissenters - that unchecked jurisdiction based on registration could lead to a forum-shopping bonanza for plaintiffs, most notably tort plaintiffs. However, there are sub-constitutional means (notably venue transfer and forum non conveniens) that limit forum choice. Moreover, it is far from clear that states will rush to embrace jurisdiction by corporate registration for fear of overloading their courts or creating a climate perceived as hostile to business. For instance, after New York's high court ruled that its statutes did not allow for jurisdiction by registration, a bill was swiftly passed to reverse that outcome, but New York's governor vetoed it.Whatever the unanswered questions remain after Mallory though, it and the Supreme Court's opinion unanimously approving jurisdiction over auto giant Ford Motor Co. in a state in which it did considerable business and in which a used Ford car sold in the forum state and causing injury there, the most recent turn from the Supreme Court is a welcome relief from the steady parade of cases relegating plaintiffs to irrational forums or effectively nonsuiting them. Mallory holds out the tantalizing possibility that U.S. jurisdictional law may be unshackled from the minimum contacts test.