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Interaction between the doctrines of forum non conveniens, judgment enforcement, and the concept of the rule of law in transnational litigation in the United States
Type of publication
Straipsnis kitoje duomenų bazėje / Article in other database (S4)
Author(s)
Pakamanis, Mantas | Advokatų profesinė bendrija Motieka ir Audzevičius |
Title
Interaction between the doctrines of forum non conveniens, judgment enforcement, and the concept of the rule of law in transnational litigation in the United States
Publisher (trusted)
Mykolo Romerio universitetas |
Date Issued
2015
Extent
p. 106-112
Is part of
International Comparative Jurisprudence. Vilnius ; Amsterdam : Mykolas Romeris University ; Elsevier B.V, 2015, Vol. 1, iss. 2.
Field of Science
Abstract
This article analyses the application of the forum non conveniens and the judgment enforcement doctrines in the United States courts and questions its conformity with the concept of the rule of law. The concept of the rule of law, the general principle of international law, inter alia requires accessibility of law, that questions of legal right should be decided by law not discretion, and compliance by the state with its obligations in international law. The systematic analysis by the author of this article shows that the application of the two doctrines in the same dispute firstly might deny accessibility of law and later restrict the possibility to find a solution. Such application by the United States courts can create a lacuna in access to justice. Thus, the following denial of effective access to justice, applying the two doctrines, might not obey the concept of the rule of law.
Is Referenced by
Type of document
type::text::journal::journal article::research article
ISSN (of the container)
2351-6674
eLABa
15503501
Coverage Spatial
Lietuva / Lithuania (LT)
Language
Anglų / English (en)
Bibliographic Details
47
Access Rights
Atviroji prieiga / Open Access
File(s)