Mills, Alex;
(2024)
Sustainability and Jurisdiction in the International Civil Litigation Market.
Journal of Private International Law
, 20
(1)
pp. 1-25.
10.1080/17441048.2024.2347717.
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Abstract
The sustainability of the global economy, particularly in response to the concerns of climate change, is an issue which impacts many different aspects of life and work around the world. It raises particular questions concerning globalised industries or markets which depend on long distance transportation for their function. This article takes as its focus international civil litigation – the judicial resolution of cross-border disputes – as a particular example of a globalised market in which sustainability considerations are presently neglected, and examines how this omission ought to be addressed. It proposes a modification to English law which aims to ensure that jurisdictional decisions by the English courts take into account their environmental impact – that is to say, the environmental impact of the selection of a particular forum. The article also considers the implications of adopting this change on the position of the English courts in the global litigation marketplace, arguing that the effects are likely to be limited, and it could have an incidental benefit in promoting the development and adoption of communications technologies in judicial dispute resolution.
Type: | Article |
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Title: | Sustainability and Jurisdiction in the International Civil Litigation Market |
Open access status: | An open access version is available from UCL Discovery |
DOI: | 10.1080/17441048.2024.2347717 |
Publisher version: | https://doi.org/10.1080/17441048.2024.2347717 |
Language: | English |
Additional information: | © 2024 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis GroupThis is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use,distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, trans-formed, or built upon in any way. The terms on which this article has been published allow the posting of theAccepted Manuscript in a repository by the author(s) or with their consent.* |
Keywords: | private international law; conflict of laws; jurisdiction;sustainability; climate change; litigation; forum conveniens; forum nonconveniens |
UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
URI: | https://discovery.ucl.ac.uk/id/eprint/10182783 |
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