The Case for an International Court of Civil Justice

Cover
Half-title
Title page
Copyright information
Dedication
Table of contents
Acknowledgments
List of Abbreviations
Introduction
	I Adjudicating Cross-border Mass Torts: A Problem of Forum, Not Just of Law
	II Incentives and Feasibility OF A NEW COURT
	III The Proposal
1 How New International Courts Come into Being
	I Theoretical Models
	II The Case Histories
		A The International Criminal Court
			1 Legal and Institutional Precedents – Experimentation and Idea Contagion
			2 Change Agents
			3 Geopolitical Change and Constitutional Moments
		B The World Trade Organization Dispute Settlement Understanding
		C The Iran–United States Claims Tribunal
		D The Jerusalem Arbitration Center
	III Holdouts?
		A The United States
		B China
	IV Gathering Winds
2 The Human Toll
	I A Tragedy in Bhopal, India
		A The Disaster and Its Decades-Long Aftermath
		B The Inconvenient Forum
		C Enterprise Liability
		D Aftershocks
	II The Devastation of the Ecuadorian Rain Forest
		A Background
		B Round One: In the Courts of the United States
		C Round Two: In the Courts of Ecuador
		D No Clear Winner: Seeking and Defending Against Enforcement the World Over
	III Human Rights Abuses in Nigeria
		A Oil, Unrest, and Violence
		B A Clear Path to US Courts?
		C The Closing of the Courthouse Doors
	IV Systemic Flaws in Transnational Litigation
		A Boomerang, Parallel, and Sequential Litigation
		B The Effects of Corporate Structures on Transnational Litigation
		C Moral Hazards
3 The Problem of the Missing Forum
	I Multinational Corporations’ Home Courts
		A US Courts and Foreign Plaintiffs
			1 Declining to Act as Global Courts
			2 The Overall Decline of Access to Justice in US Courts
		B The Courts of Europe
	II Litigating in Courts of the Jurisdiction Where the Mass Injury Occurred
	III International Arbitration
	IV Single-Issue International Courts, Alternative Dispute Resolution, and Corporate Social Responsibility
	V A Better Solution: The International Court of Civil Justice
4 The Business Case for the ICCJ
	I Rising Direct Litigation Costs
		A Forum Shopping, Parallel and Sequential Litigation
	II The Indirect Costs of Litigation
		A Uncertainty and the Restraint on Business Activities
		B Distracted Management and Criminal Prosecution
		C Harms to Reputation and Goodwill
		D Change in Investment Climate
	III The Cost of Corruption and the Value of the Rule of Law
	IV The Global Peace Premium
	V Backlash and the New Transnational Litigtionscape
		A The Rise of Litigation Finance
		B The Rise of the Global Entrepreneurial Lawyer
		C Blocking Statutes and Other Pro-Plaintiff Legislation
			1 Blocking Statutes and Litigation-Enabling Legislation
			2 Class Action Goes Global
	VI Business Ethics
	VII Global Growth as the Tide That Lifts All Boats
5 Institutional and Procedural Features of an ICCJ
	I Institutional Relationships
		A With States Parties
			1 The Two-Tiered Structure of an ICCJ and Its Effect on Institutional Arrangements
			2 Dependent or Independent?
			3 Composition of the Court
		B With Other International Organizations
	II Jurisdiction and Admissibility
		A Temporal Jurisdiction
		B Subject Matter Jurisdiction
			1 Mass Claims and Mass Torts
			2 “Cross-Border” Claims and Enterprise Liability
			3 Applicable Law
		C Personal Jurisdiction
		D Admissibility – Relationship of the ICCJ to National Courts
	III Procedural Features
		A Civil Law–Common Law Hybrids
		B Claim Screening and Routing
		C Alternative Dispute Resolution
		D Nonrepresentative Collective Litigation
		E Representative Actions
		F Supervision and Administration of Aggregate Settlement
		G Remedies
		H Appellate Review
	IV Financing the Operation of the Court
Conclusion
Notes
	Introduction
	1 How New International Courts Come into Being
	2 The Human Toll
	3 The Problem of the Missing Forum
	4 The Business Case for the ICCJ
	5 Institutional and Procedural Features of an ICCJ
	Conclusion
Index