Transnational Litigation Part 2 in the United States

16
Local Approaches to Transnational Corporate Responsibility: Mapping the Role of Subnational Climate Change Litigation
Hari M. Osofsky
Pacific McGeorge Global Business & Development Law Journal
Volume 20, Number 1, 2007    p.143 LAW JOURNAL / LAW REVIEW

17
Resolving International Investment Disputes in a Globalised World
Sandra L Caruba
New Zealand Business Law Quarterly
Volume 13, Number 2, June 2007    p.128 LAW JOURNAL / LAW REVIEW
International investment disputes are on the rise and, when such disputes are between private investors and States, their public welfare implications have become increasingly important. Although international commercial arbitration (“ICA”) is traditionally the preferred mechanism for resolving international commercial disputes, recent developments have improved transnational litigation’s attractiveness; however, neither is well-suited to disputes involving States — particularly when public welfare issues are at stake. The shortcomings of both ICA and transnational litigation have thus highlighted the role of the International Centre for Settlement of Investment Disputes (“ICSID”), and increased scrutiny on its workings. A review of some recent ICSID awards and rule changes, however, demonstrates that ICSID is responding to its critics, albeit incrementally.

18
YUKOS RISK: THE DOUBLE-EDGED SWORD—A CASE NOTE ON INTERNATIONAL BANKRUPTCY LITIGATION AND THE TRANSNATIONAL LIMITS OF CORPORATE GOVERNANCE
Dmitry Gololobov & Joseph Tanega
New York University Journal of Law & Business
Volume 3, Number 2, Spring 2007    p.557 LAW JOURNAL / LAW REVIEW

19
Bypassing the Hague Evidence Convention: Private International Law Implications of the Use of Video and Audio Conferencing Technology in Transnational Litigation
Martin Davies
American Journal of Comparative Law
Volume 55, Number 2, Spring 2007    p.205 LAW JOURNAL / LAW REVIEW

20
Provisional Relief In Transnational Litigation In The Internet Era: What Is In The US Best Interest?
Panagiota Kelali
John Marshall Journal of Computer & Information Law
Volume 24, Number 2, Winter 2006    p.263 LAW JOURNAL / LAW REVIEW

21
Transnational environmental litigation
Ralph Kaye
Environmental and Planning Law Journal
Volume 24, Number 1, February 2007    p.35 LAW JOURNAL / LAW REVIEW
Actions in tort arising from transnational pollution and from polluting activities of foreign-based multinational corporations are discussed from an Australian perspective. Various countries may have different rules of substantive and procedural law. Cases involving local activities of transnational corporations present special difficulties. Forum non conveniens and the local action rule operate as controls on jurisdiction in some common law countries. Choice of law rules also present difficulties for litigants. Australia is the only common law country that applies the substantive law of the lex loci delicti model inflexibly. In Australia, a uniform approach needs to be taken to ensure that the local action rule is not used to exclude claims for damage to foreign land. Recognition should be given to the special disability under which the plaintiff is placed in determining choice of law in environmental torts.

22
Joseph, Sarah: Corporations and Transnational Human Rights Litigation
British Year Book of International Law
Volume 76, 2005    p.543 LAW JOURNAL / LAW REVIEW

23
Transnational Litigation: Is There A “Field”? A Tribute to Hal Maier
Linda Silberman
Vanderbilt Journal of Transnational Law
Volume 39, Number 5, November 2006    p.1427 LAW JOURNAL / LAW REVIEW

24
The Global Enforcement of Human Rights: The Unintended Consequences of Transnational Litigation
Andrea Boggio
International Journal of Human Rights
Volume 10, Number 4, December 2006    p.325-340 LAW JOURNAL / LAW REVIEW

25
“Milking the Cash Cow” and Other Stories: Media Coverage of Transnational Workers’ Rights Litigation
Anne Bloom
Vermont Law Review
Volume 30, Number 2, Winter 2006    p.179 LAW JOURNAL / LAW REVIEW

26
THE GEOGRAPHY OF CLIMATE CHANGE LITIGATION: IMPLICATIONS FOR TRANSNATIONAL REGULATORY GOVERNANCE
Hari M. Osofsky
Washington University Law Review
Volume 83, Number 6, 2005    p.1789 LAW JOURNAL / LAW REVIEW

27
Transnational Regulatory Litigation
Hannah L. Buxbaum
Virginia Journal of International Law
Volume 46, Number 2, Winter 2006    p.251 LAW JOURNAL / LAW REVIEW

28
Venue in Transnational Litigation: Party Autonomy Adds New Impetus to the ‘Judgment Project’
Christa Roodt & Irene-marie Esser
South African Mercantile Law Journal
Volume 18, Number 1, 2006 LAW JOURNAL / LAW REVIEW

29
Efficient Management of Transnational Disputes: Mutual Gain by Mediation or Joint Loss in Litigation
Thomas W. Walde
Arbitration International
Volume 22, Number 2, 2006    p.205 LAW JOURNAL / LAW REVIEW

30
Review: Corporations and Transnational Human Rights Litigation
International and Comparative Law Quarterly
Volume 54, Number 4, October 2005    p.1042-1044 LAW JOURNAL / LAW REVIEW

31
Sarah Joseph, Corporations and Transnational Human Rights Litigation
Leeladhara, Bhandary M.
Indian Journal of International Law
Volume 45, Number 1, January – March 2005    p.122 LAW JOURNAL / LAW REVIEW

32
Corporations and Transnational Human Rights Litigation, Sarah Joseph
Christopher Harding
Australian Year Book of International Law
Volume 24, 2005    p.253 LAW JOURNAL / LAW REVIEW

33
Both Sides of the Coin: A Decade of Parallel Proceedings and Enforcement of Foreign Judgments in Transnational Litigation
Louise Ellen Teitz
Roger Williams University Law Review
Volume 10, Number 1, Fall 2004    p.1 LAW JOURNAL / LAW REVIEW

34
Globalization and the Law: Deciphering the Message of Transnational Human Rights Litigation
Peer Zumbansen
German Law Journal
Volume 5, Number 12, December 2004 LAW JOURNAL / LAW REVIEW