Existing literature on private international law tends to emphasize choice of law rather than jurisdiction. Cases tend to show that the practical significance of jurisdiction has yet to be appreciated.
This groundbreaking book fills in these gaps and offers a critical analysis of the principles and the theoretical foundations applied to resolve private international jurisdictional disputes and of the manner in which those principles are applied in practice by:
- Describing the context in which international jurisdiction disputes are determined
- Explaining and critically analysing the principles of jurisdiction
- Explaining and critically analysing the manner in which the principles are applied
- Identifying the interests which motivate principles and the courts’ application of the principles
- Recommending reforms to the principles by demonstrating that the existing principles of jurisdiction are flawed and ought to be reformed by taking into account the law’s objectives, defined by relevance to state and private interests.
Acknowledgments
Table of Cases
Table of Statutes
CHAPTER 1: Introduction
CHAPTER 2: The Context of International Litigation
CHAPTER 3: Establishing Jurisdiction in Principle
CHAPTER 4: Declining Jurisdiction in Principle
CHAPTER 5: Declining Jurisdiction in Practice
CHAPTER 6: Interests in Jurisdiction
CHAPTER 7: Comparative Regulation of Jurisdiction
CHAPTER 8: Reform of Jurisdiction
CHAPTER 9: Conclusion: A Critical Analysis of Jurisdiction
Index