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Gary B. Born with David Westin: International Civil Litigation in United States Courts. Commentary and Materials

Gary B. Born with David Westin: International Civil Litigation in United States Courts.... Book Reviews CIVIL LITIGATION INTERNATIONAL CIVIL LITIGATION IN UNITED STATES COURTS. COM­ MENTARY AND MATERIALS. By Gary B. Born with David Westin. Deventer and Boston: Kluwer, 1989. Pp. xxv, 736. Reviewed by Joachim Zekoll * Civil litigation involving foreign parties is no longer a rare phe­ nomenon for American judges and practitioners; nor is it an insignif­ icant subject. The growing number of such disputes has become an issue of international attention, as the European and Canadian pro­ tests against the extraterritoriality of the U.S. anti-trust laws illus­ trate. International conferences and treaties have not served to resolve these tensions between the United States and its trading partners, and indeed, it appears increasingly difficult to reconcile do­ mestic notions of substantive and procedural fairness with those pre­ vailing in foreign legal systems. Recent rulings of the U.S. Supreme Court, limiting the applica­ bility of the Hague Evidence Convention (Societe Nationale Indus- trielle Aerospatiale v. U.S. District Court, 107 S. Ct. 2542 [1987]) and the Hague Service Convention (Volkswagenwerk AG v. Schlunk, 108 S. Ct. 2104 [1988]) have escalated what continental observers de­ scribe as the judicial conflict between the United States and Europe. Of course, responsibility for the conflict http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Gary B. Born with David Westin: International Civil Litigation in United States Courts. Commentary and Materials

Zekoll, Joachim
American Journal of Comparative Law , Volume 39 (1) – Jan 1, 1991
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Publisher
Oxford University Press
Copyright
© 1991 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840675
Publisher site
See Article on Publisher Site

Abstract

Book Reviews CIVIL LITIGATION INTERNATIONAL CIVIL LITIGATION IN UNITED STATES COURTS. COM­ MENTARY AND MATERIALS. By Gary B. Born with David Westin. Deventer and Boston: Kluwer, 1989. Pp. xxv, 736. Reviewed by Joachim Zekoll * Civil litigation involving foreign parties is no longer a rare phe­ nomenon for American judges and practitioners; nor is it an insignif­ icant subject. The growing number of such disputes has become an issue of international attention, as the European and Canadian pro­ tests against the extraterritoriality of the U.S. anti-trust laws illus­ trate. International conferences and treaties have not served to resolve these tensions between the United States and its trading partners, and indeed, it appears increasingly difficult to reconcile do­ mestic notions of substantive and procedural fairness with those pre­ vailing in foreign legal systems. Recent rulings of the U.S. Supreme Court, limiting the applica­ bility of the Hague Evidence Convention (Societe Nationale Indus- trielle Aerospatiale v. U.S. District Court, 107 S. Ct. 2542 [1987]) and the Hague Service Convention (Volkswagenwerk AG v. Schlunk, 108 S. Ct. 2104 [1988]) have escalated what continental observers de­ scribe as the judicial conflict between the United States and Europe. Of course, responsibility for the conflict

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jan 1, 1991

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