International Litigation and the Quest for Reasonableness: Essays in Private International Law

By Andreas F. Lowenfeld | Go to book overview

CONTENTS
Table of Casesxiii
Table of Statutes and Rulesxxi
Table of Treatiesxxvi
1. Private International Law Redefined1
A. Introduction1
B. Private International Law Redefined2
C. Private International Law without Choice of Law 3
D. A First Illustrative Case: The Laker Litigation5
2. The Limits of Jurisdiction to Prescribe15
A. Looking for a Neutral Term15
B. Jurisdiction to Prescribe and Choice of Law16
C. The Approach of the Restatement17
D. Testing the Restatement Approach: The Insurance Antitrust Case20
3. More on Jurisdiction to Prescribe: Of Effects and Balancing29
A. Effects Jurisdiction and its Discontents29
B. Effects Jurisdiction in the European Community33
1. The Dyestuffs Case (1972)33
2. The Wood Pulp Case (1988)37
C. The Question of Balancing 41
1. Balancing and the Effects Doctrine41
2. Balancing and Reasonableness44
4. Jurisdiction of Courts46
A. Introduction: Four Questions and a Framework46
B. General versus Specific Jurisdiction48
C. The Link between the Claim, the Defendant, and the Forum State52
D. Jurisdiction on the Basis of Property in the Forum State57
1. Germany: Some Second Thoughts58
2. The United States: A U-turn61
3. England: New Horizons64

-ix-

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