| Description |
1 online resource |
| Contents |
Cover; Half-title; Title page; Copyright information; Dedication; Table of contents; Acknowledgments; List of Abbreviations; Introduction; I Adjudicating Cross-border Mass Torts: A Problem of Forum, Not JustofLaw; II Incentives and Feasibility OF A NEW COURT; III The Proposal; 1 How New International Courts Come intoBeing; I TheoreticalModels; II The Case Histories; A The International CriminalCourt; 1 Legal and Institutional Precedents -- Experimentation and Idea Contagion; 2 ChangeAgents; 3 Geopolitical Change and Constitutional Moments |
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B The World Trade Organization Dispute Settlement UnderstandingC The Iran-United States Claims Tribunal; D The Jerusalem ArbitrationCenter; III Holdouts?; A The UnitedStates; B China; IV GatheringWinds; 2 The HumanToll; I A Tragedy in Bhopal, India; A The Disaster and Its Decades-Long Aftermath; B The InconvenientForum; C Enterprise Liability; D Aftershocks; II The Devastation of the Ecuadorian RainForest; A Background; B Round One: In the Courts of the UnitedStates; C Round Two: In the Courts of Ecuador; D No Clear Winner: Seeking and Defending Against Enforcement the WorldOver |
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III Human Rights Abuses in NigeriaA Oil, Unrest, and Violence; B A Clear Path to US Courts?; C The Closing of the CourthouseDoors; IV Systemic Flaws in Transnational Litigation; A Boomerang, Parallel, and Sequential Litigation; B The Effects of Corporate Structures on Transnational Litigation; C Moral Hazards; 3 The Problem of the MissingForum; I Multinational Corporations' HomeCourts; A US Courts and Foreign Plaintiffs; 1 Declining to Act as GlobalCourts; 2 The Overall Decline of Access to Justice in USCourts; B The Courts ofEurope |
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II Litigating in Courts of the Jurisdiction Where the Mass Injury OccurredIII International Arbitration; IV Single-Issue International Courts, Alternative Dispute Resolution, and Corporate Social Responsibility; V A Better Solution: The International Court of Civil Justice; 4 The Business Case for theICCJ; I Rising Direct LitigationCosts; A Forum Shopping, Parallel and Sequential Litigation; II The Indirect Costs of Litigation; A Uncertainty and the Restraint on Business Activities; B Distracted Management and Criminal Prosecution; C Harms to Reputation and Goodwill |
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D Change in Investment ClimateIII The Cost of Corruption and the Value of the RuleofLaw; IV The Global Peace Premium; V Backlash and the New Transnational Litigtionscape; A The Rise of Litigation Finance; B The Rise of the Global EntrepreneurialLawyer; C Blocking Statutes and Other Pro-Plaintiff Legislation; 1 Blocking Statutes and Litigation-Enabling Legislation; 2 Class Action GoesGlobal; VI BusinessEthics; VII Global Growth as the Tide That Lifts AllBoats; 5 Institutional and Procedural Features of anICCJ; I Institutional Relationships; A With States Parties |
| Summary |
An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative |
| Form |
Electronic book
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| ISBN |
9781316678428 |
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1316678423 |
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9781316730065 |
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1316730069 |
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