Research Catalog

Intolerant justice conflict and cooperation on transnational litigation

Title: Intolerant justice [electronic resource] : conflict and cooperation on transnational litigation / Asif Efrat.
Author: Efrat, Asif.
Publication: New York, NY : Oxford University Press, [2022]

Available Online

Details

Description

1 online resource (x, 317 pages)

Summary

"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--

Uniform Title

Intolerant justice (Online)

Alternative Title

Intolerant justice (Online)

Subject

Bibliography (note)

Includes bibliographical references and index.

Access (note)

Access restricted to authorized users.

Contents

Introduction -- Theorizing cooperation on transnational litigation -- Should American troops face foreign courts? Debating the NATO status of forces agreement -- Exercising jurisdiction over "bad apples" : who should try ISIS foreign fighters? -- The dilemma of extradition to China -- Extradition reconsidered : the British debate -- Judgments, jurisdiction, and juries : challenges to the enforcement of U.S. Court rulings in Europe -- Balancing free speech and reputation : a cross-Atlantic divide -- A quantitative look at cooperation on litigation -- Conclusions and implications.

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