International Civil Litigation : Cases and Materials

This casebook grows out of the rapid "internationalization" of domestic law since the 1980s, especially in civil litigation before US courts.

The contemporary litigator must be expert in what have traditionally been separate fields of law: civil procedure, conflicts of laws, public international law, evidence, international business transactions, remedies, and even immigration law and human rights.

This book integrates materials across these fields, developing the common principles that govern litigation with international elements in US courts. Covered issues include transnational jurisdiction and choice of law, service of process, discovery, the special treatment of government as parties, and the recognition and enforcement of judgements and arbitral awards.

But unlike other textbooks in the field, "International Civil Litigation" goes beyond these separate subjects to illustrate common themes whenever domestic courts handle transnational litigation, including the role of customary and conventional international law in the interpretation of domestic statues, characteristic issues of professional responsibility, the impact of intergovernmental and non-governmental organizations, and the unique difficulties of providing the content of international law.

A document supplement accompanies the casebook.