International Civil Litigation: Cases And Materials on the Rise of Intermestic Law

This casebook grows out of the rapid "internationalization" of domestic law ("intermestic" law) over the last decade, especially in civil litigation before U.S. courts. The contemporary litigator must be expert in what have traditionally been separate fields of law: civil procedure, conflicts of laws, public international law, evidence, international business transactions, remedies, even immigration law and human rights. This book integrates materials across these fields, developing the common principles that govern litigation with international elements in U.S. courts.

Covered issues include transnational jurisdiction and choice of law, service of process, discovery, the special treatment of governments as parties, and the recognition and enforcement of judgments and arbitral awards. But unlike other textbooks in the field, International Civil Litigation goes beyond these separate subjects to illustrate common themes whenever domestic courts handle transnational litigation, including:

The role of customary and conventional international law in the interpretation of domestic statutes,

Characteristic issues of professional responsibility,

The impact of intergovernmental and non-governmental organizations, and

The unique difficulties of proving the content of international law.