Transnational Litigation Part 3

 

Is Transnational Litigation Different?
Samuel P. Baumgartner
University of Pennsylvania Journal of International Law
Volume 25, Number 4, Winter 2004 p.1297

Implied “Consent”to Personal Jurisdiction in Transnational Class Litigation
Debra Lyn Bassett
Michigan State law Review
Volume 2004, Issue 3, Fall p.619

Coming to America to File Suit: Foreign Plaintiffs and the Forum Non Conveniens Barrier in Transnational Litigation
John R. Wilson
Ohio State law Journal
Volume 65, Number 3, 2004 p.659

“Strangers in a Strange Land”- Transnational Litigation, Foreign Judgment Recognition, and Enforcement in Ontario
Antonin I. Pribetic
Florida State University Journal of Transnational Law & Policy
Volume 13, Number 2, Spring 2004 p.347

LABOR RIGHTS AND THE ATCA: CAN THE ILO’S FUNDAMENTAL RIGHTS BE SUPPORTED THROUGH ATCA LITIGATION?
Melissa Torres
Columbia Journal of Law and Social Problems
Volume 37, Number 3, Spring 2004 p.447

This Note examines the possibility of supporting the International Labour Organization’s (“ILO’s”) fundamental rights, as set out in the 1998 Declaration on Fundamental Principles and Rights at Work, through litigation under the Alien Tort Claims Act (“ATCA”). In response to labor rights violations abroad, the ATCA has been endorsed as a vehicle for aggrieved employees to bring suit in U.S. courts for violations of transnational labor standards. Several cases in support of labor rights rest their claims on the act. These cases contemplate a broader scope for the ATCA, one that includes labor rights violations as violations of international law, thereby making the ATCA a useful tool for promoting corporate accountability abroad and global labor rights. This Note, however, argues that while the ATCA can be useful in supporting some labor rights, it will be unable to support all four of the ILO’s fundamental labor rights due to its requirement that the tort committed be in violation of the law of nations. As a result, this Note argues that those seeking to support labor rights should either (1) use the ATCA to support labor rights violations that are committed through means already considered part of Customary International Law (such as torture or arbitrary detention); or (2) support new federal legislation that explicitly supports the ILO’s fundamental labor rights.

THE POTENTIAL AND CHALLENGES OF TRANSNATIONAL LITIGATION FOR FEMINISTS CONCERNED ABOUT DOMESTIC VIOLENCE HERE AND ABROAD
Merle H. Weiner
American University Journal of Gender, Social Policy & the Law
Volume 11, Number 2, 2003 p.749

Review: Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation
Christoph J.M. Safferling
European Journal of International law
Volume 14, Number 2, April 2003 p.395-401

Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation, edited by Craig Scott
Susan Mathews
Human Rights Quarterly
Volume 25, Number 1, 2003 p.267

Scott: Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation
Modern Law Review
Volume 65, Number 6, November 2002 p.954-958

INTERNATIONAL JURISDICTION AND ENFORCEMENT OF JUDGMENTS IN THE ERA OF GLOBAL NETWORKS: IRRELEVANCE OF, GOALS FOR, AND COMMENTS ON THE CURRENT PROPOSALS
Jonathan A. Franklin & Roberta J. Morris
Chicago-Kent Law Review
Volume 77, Number 3, 2002 p.1213

The Hague Convention attempts to harmonize bases of jurisdiction and make enforcement of foreign judgments routine. At the same time, the diverstiy in substantive national laws in intellectural property and other areas permits nations to experiment with new and different approaches. A good international legal system will improve transnational litigation without running roughshod over national socio-cultural values, as embodied especially in intellectural property law. This Article ponders disparate factors that could diminish the importance of the whole effort, considers some values that should guide the effort if it is to go forward, and then reviews how selected provisions of the darft Hague Convention and the Dreyfuss-Ginsberg proposal meet these challenges

REDRESSING U.S. CORPORATE ENVIRONMENTAL HARMS ABROAD THROUGH TRANSNATIONAL PUBLIC LAW LITIGATION: GENERATING A GLOBAL DISCOURSE ON THE INTERNATIONAL DEFINITION OF ENVIRONMENTAL JUSTICE
Lyndsy Rutherford
Georgetown International Environmental Law Review
Volume 14, Number 4, Summer 2002 p.807

THE OSSIFICATION OF AMERICAN Labor law
Cynthia L. Estlund
Columbia Law Review
Volume 102, Number 6, October 2002 p.1527

In this Article, Professor Estlund argues that the ineffectuality of American Labor law and the shrinking scope of collective representation are partly traceable to the law’s “ossification”and its longstanding insulation from democratic renewal and local innovation. The elements of this process of ossification are various and mostly familiar; yet together they make up an impressive set of barriers to innovation. The basic text has been practically unamendable for a half-century, and the regime it creates has been cut off from “market”-based competition from employers, from the creative pressure of private litigation, from state and local innovation, from changing constitutional doctrine, and from emerging transnational legal norms. Moreover, the National Labor Relations Board, charged with interpreting and administering the labor laws in light of modern conditions, is increasingly hemmed in by the age of the text and the cumulative impact of stare decisis. While the argument may seem to counsel only pessimism about the prospects for reform, it may also help to identify potential pathways of change that have not been fully appreciated. Some of those pathways are being paved by the process of ossification itself. By impelling private parties to find their own paths outside of the existing legal regime, the ossification of labor law is setting in motion forces that may eventually produce legal change.

NO LONGER SAFE AT HOME: PREVENTING THE MISUSE OF FEDERAL Common law OF FOREIGN RELATIONS AS A DEFENSE TACTIC IN PRIVATE TRANSNATIONAL LITIGATION
Lumen N. Mulligan
Michigan Law Review
Volume 100, Number 8, August 2002 p.2408

Employer Beware? Enforcing Transnational Labor Standards in the United States Under the Alien Tort Claims Act
Sarah J. Adams Lien
Lewis & Clark Law Review
Volume 6, Number 2, Summer 2002 p.311

The Alien Tort Claims Act (ATCA) arguably allows non-U.S. citizens to bring claims for violations of Customary International Law (CIL). Although CIL litigation typically embraces only egregious human rights violations, the scope of CIL actually encompasses all universally recognized rights, including some labor rights. This Comment explores the possibility that the ATCA may be used to litigate claims by non-U.S. citizens alleging violations of international labor rights. It concludes that the Act likely provides a vehicle for aggrieved employees to bring suit in U.S. court for violations of international labor standards. Finally, this Comment recognizes that ATCA litigation may benefit owners of small businesses. By holding U.S. and other employers operating in developing nations to an international labor standard, the ATCA may act to level the playing field between domestic companies and companies operating abroad.

Craig Scott: Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation
British Year Book of International Law
Volume 73, 2002 p.379

Liberalism and International Legal Scholarship: The Pinochet Case and the Move Toward a Universal System of Transnational Law Litigation
William J. Aceves
Harvard International Law Journal
Volume 41, Number 1, Winter 2000 p.129

Domestic Laws and Foreign Rights: Choice of Law in Transnational Copyright Infringement Litigation
Graeme W. Austin
Columbia Journal of Law & the Arts
Volume 23, Number 1, Fall 1999 p.1

Author: international

Mentioned in these Entries

Columbia Law Review, Common law, Customary International Law, Labor law, State law, Transnational Litigation.