International business and national jurisdiction
著者
書誌事項
International business and national jurisdiction
Clarendon Press , Oxford University Press, 1988
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注記
Bibliography: p. [213]-216
内容説明・目次
内容説明
This work is specifically concerned with establishing the relationship between the historically exclusive spheres of sovereign interest, and the legal and practical requirements resulting from the modern transnational commercial environment. It is illustrated by examples of up-to-date case-law concerning these issues. Most of the cases are American, but European Community and English decisions are also described. The book concludes with a discussion of the current state of the argument on this topic among government officials and international lawyers. The work is intended to be of value to international lawyers, antitrust lawyers, students of business studies and practising lawyers in corporate and private practice. It is of special interest to American lawyers and law students and business studies' students. M.L. Stephens is an American attorney working in London. A.D. Neale was Deputy Chairman of the Monopolies and Mergers Commission 1982-1986.
目次
- Foreword. Preface. Table of cases. Part 1 Introduction to the problem and the relevant law: what's the problem?
- international law - including, the case of S.S. Lotus
- the US antitrust laws, including EEC law compared
- Part 2 Case-law on extraterritorial jurisdiction: subject-matter jurisdiction in antitrust cases from American Banana to ALCOA
- subject-matter jurisdiction in antitrust cases - from ALCOA to Timberlane, including National Lead, the incandescent lamps case, Timken Roller Bearing, ICI DuPont, Swiss watchmakers - Zenith v. Hazeltine
- subject-matter jurisdiction in antitrust cases - Timberlane and after, including Mannington Mills - Mitsui, Uranium - OPEC - Zenith v. Matsushita
- cases involving acts of State and the foreign sovereign compulsion defence including Sisal Sales and Sanib
- transitional mergers and international carriers, including the Laker litigation
- other claims to extraterritorial jurisdiction, including use of the Hague Convention, extraterritorial enforcement of remedies awarded in civil litigation. Part 3 The state of the argument: the "effects doctrine" and the "jurisdictional rule of reason"
- jurisdictional claims for disclosure and enforcement, including recent US claims and their origins, better options for disclosure and enforcement. Select bibliography. Index.
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