Torts in UK Foreign Relations
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 13 June 2023
- ISBN 9780198869221
- Binding Hardback
- No. of pages336 pages
- Size 253x176x21 mm
- Weight 692 g
- Language English 403
Categories
Short description:
Torts in UK Foreign Relations offers a deeper understanding of the contested area of tortious liability for extraterritorial public acts arguing that English tort law should play a more prominent role in English courts' treatment of tortious claims for wrongs allegedly committed overseas.
MoreLong description:
Can English courts hear tortious claims for wrongs allegedly committed by British armed forces and security services during their overseas operations? Should English courts hear such claims? What law governs issues raised by such claims? Can foreign judgments given on such claims be recognised and enforced in the UK?
Many questions such as these have arisen in relation to cases dealing with the tortious liability of the UK government and its officials for extraterritorial public acts committed during the conflicts in Kosovo, Afghanistan, and Iraq, and the 'war on terror'. Torts in UK Foreign Relations examines the English courts' treatment of such issues and offers a better understanding of this contested area of private international law. It shows that a defining characteristic of such tortious claims is that they are often subjected to the choice-of-law process and lead to the application of foreign law. Further, the author clarifies the nature of the doctrines operating in this field, maps out the relationship between different jurisdictions and rules that are engaged, and criticises the current approach to choice-of-law, while arguing that English tort law should play a more prominent role.
Comprehensive and methodological, Torts in UK Foreign Relations will appeal widely to academics, practitioners, and students in the fields of private international law, foreign relations law, tort law, and public law.
Table of Contents:
PART I Introduction
Introduction
PART II Jurisdiction of Courts and Acts of State
Crown Acts of State
Jurisdictional Immunities and Foreign Acts of State
Whose Act of State?
PART III Choice of Law
Torts in Foreign Relations and Choice of Law
Law Governing the Tortious Liability of the UK Government
Law Governing the Tortious Liability of UK Government Officials
Law Governing Defences
Pleading and Proof of Foreign Law
PART IV Foreign Judgements
Recognition and Enforcement of Foreign Judgements
PART V Conclusion
Summary and Way Forward
