International civil litigation: Balancing foreign interests and private rights
AuthorGarnett, Richard Lyndon
AffiliationMelbourne Law School
Document TypeHigher Doctorate
Access StatusThis item is embargoed and will be available on 2021-11-14.
© 2019 Richard Lyndon Garnett
Foreign elements, expressed in the form of laws, judgments and jurisdictional claims, should be given equal recognition to local interests in the adjudicative process but not so as to thwart the legitimate vindication of private rights. Hence, when defining the boundary of substance and procedure in private international law, procedure should be confined to matters of court process to give wide operation to foreign laws and in the context of jurisdiction, courts should decline to adjudicate where the defendant or action has slender links with the forum. Where however foreign interests operate to defeat the pursuit of legitimate private rights, such as in the case of state immunity and embassy employees or defendants who are victims of fraudulent court judgments abroad, then such interests should be accorded less deference.
KeywordsSubstance and procedure; Foreign law; Private international law; State immunity; Jurisdiction
- Click on "Export Reference in RIS Format" and choose "open with... Endnote".
- Click on "Export Reference in RIS Format". Login to Refworks, go to References => Import References