Torts in UK Foreign Relations
Book Details
Format
Hardback or Cased Book
Book Series
Oxford Private International Law Series
ISBN-10
0198869223
ISBN-13
9780198869221
Publisher
Oxford University Press
Imprint
Oxford University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jun 13th, 2023
Print length
336 Pages
Weight
692 grams
Dimensions
25.30 x 17.60 x 2.10 cms
Product Classification:
Private international law & conflict of lawsPrivate / Civil law: general worksTorts / Delicts
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Torts in UK Foreign Relations offers a deeper understanding of the contested area of tortious liability for extraterritorial public acts arguing that English tort law should play a more prominent role in English courts' treatment of tortious claims for wrongs allegedly committed overseas.
Can English courts hear tortious claims for wrongs allegedly committed by British armed forces and security services during their overseas operations? Should English courts hear such claims? What law governs issues raised by such claims? Can foreign judgments given on such claims be recognised and enforced in the UK?Many questions such as these have arisen in relation to cases dealing with the tortious liability of the UK government and its officials for extraterritorial public acts committed during the conflicts in Kosovo, Afghanistan, and Iraq, and the ''war on terror''. Torts in UK Foreign Relations examines the English courts'' treatment of such issues and offers a better understanding of this contested area of private international law. It shows that a defining characteristic of such tortious claims is that they are often subjected to the choice-of-law process and lead to the application of foreign law. Further, the author clarifies the nature of the doctrines operating in this field, maps out the relationship between different jurisdictions and rules that are engaged, and criticises the current approach to choice-of-law, while arguing that English tort law should play a more prominent role.Comprehensive and methodological, Torts in UK Foreign Relations will appeal widely to academics, practitioners, and students in the fields of private international law, foreign relations law, tort law, and public law.
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