Torts in UK Foreign Relations
Författare:Grusic Ugljesa
Titel:Torts in UK Foreign Relations
Omfång:336 sid.
Förlag:Oxford University Press
Serie:Oxford Private International Law Series
Ämnesord:Internationell privat- och processrätt , Skadeståndsrätt , Utländsk rätt

Pris: 2322 SEK exkl. moms


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.

- Offers the first comprehensive account of private international law aspects of tortious claims arising out of the external exercise of British executive authority

- Segregates issues raised by such tortious claims and clarifies the principles, rules and practice that determine the law governing these issues

- Maps out the relationship between different jurisdictions and rules that are engaged

- Discusses important developments and case law affecting the field, including the Supreme Court judgments in Rahmatullah, Belhaj, Maduro and Brownlie

Table of Contents:

PART I Introduction


PART II Jurisdiction of Courts and Acts of State

2:Crown Acts of State
3:Jurisdictional Immunities and Foreign Acts of State
4:Whose Act of State?

PART III Choice of Law

5:Torts in Foreign Relations and Choice of Law
6:Law Governing the Tortious Liability of the UK Government
7:Law Governing the Tortious Liability of UK Government Officials
8:Law Governing Defences
9:Pleading and Proof of Foreign Law

PART IV Foreign Judgements

10:Recognition and Enforcement of Foreign Judgements

PART V Conclusion

11:Summary and Way Forward

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