This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The book is particularly notable for its observation—citing Professor Robert McCorquodale—that FDL claims intersect with various fields of law, such as domestic criminal law, tortlaw, contractlaw, human rights and constitutional law, comparative law, public international law, and private international law.
Second, the court regards Section 1983 as a tort claim, making HHC’s focus on 19th-century contractlaw “perplexing;” contract principles should not displace Section 1983’s “’species of tort liability.’” She elaborated on three points from the majority opinion.
courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tortlaws of the chosen jurisdiction in addition to its contractlaws, for example—that arise in litigation. I argued for the laws at the time of litigation.
And that has implications for tortlaw, contractlaw, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems.
Exploring law was my most memorable class in my first year as there was often meditation involved and exploration of topics such as finding joy in law. However, I also enjoyed my politics modules as they gave me an opportunity to experience law from creation to implementation. 7:30 am Monday is my busy day. My future .
He illustrated the procedural mechanisms in the UK that are available for mass tortlitigation of this kind and suggested that the Group Litigation Order (GLO) would be the appropriate mechanism in the majority of cases of mass tortlitigation. Finally, he suggested examining the Okpabi case to see how GLOs work.
Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well. Unlike the Principles, however, Law No.
.’ [4] Additionally, some judges, citing Article 1338 BW in Indonesia, regard the choice of foreign law as a contractual agreement not to resolve a dispute in the Indonesian courts, and many lawyers present a contract claim as tort.
Kieninger : Climate Change Litigation and Private International Law. The recent Shell ruling by the District Court of The Hague raises the question whether Carbon Majors could also be sued outside the state of their corporate home and which law would be applicable to claims for damages or injunctive relief.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
64 
Let's personalize your content