The object of this seminar is to provide in depth discussion and study of selected topics in transnational litigation.
The seminar will begin with the distinction between public and private law claims, including claims by states to recover property stolen by former rulers and to recover heritage property; enforcement of foreign tax laws; consideration of jurisdiction and minimum contacts in international cases, principles of jurisdiction in Europe, forum non conveniens in the United States and in Europe, the role of comity in international litigation, and anti-suit injunctions. Thereafter students will choose from among a list of topics, or may formulate a topic of their own choice in the consultation with Lord Collins, and take the lead in presenting those topics for discussion during class. Topics may include these: choice of court agreements; obtaining evidence abroad; interim measures in international litigation; human rights in international litigation; universal jurisdiction and the Aliens Tort statute; holocaust claims in domestic courts; contracts: the applicable law; torts: the applicable law; the territorial scope of securities laws and anti-trust laws; sovereign immunity; the act of state doctrine; enforcement of foreign judgments.
Each student will be required to submit a paper on the topic he or she has selected. This seminar is intended for students who have completed an overview course on transnational/international litigation, or who are otherwise generally familiar with the field.