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Transnational Tort Litigation

Campbell McLachlan, Peter Nygh · ISBN 9780198259190
Transnational Tort Litigation | Zookal Textbooks | Zookal Textbooks
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Publisher Oxford University Press UK
Author(s) Campbell McLachlan / Peter Nygh
Subtitle Jurisdictional Principles
Published 19th September 1996
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Jurisdictional Principles

The scope and application of the rules of civil jurisdiction is of immense practical importance in the conduct of transnational tort cases. Frequently such rules can dictate whether the plaintiff has an effective remedy or not and the shape of the ensuing litigation. 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 persons 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.
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