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Can English courts hear tortious claims for wrongs allegedly committed by British armed forces and security services during their overseas operations? Should English courts hear such claims? What law governs issues raised by such claims? Can foreign judgments given on such claims be recognised and enforced in the UK?Many questions such as these have arisen in relation to cases dealing with the tortious liability of the UK government and its officials for extraterritorial public acts committed during the conflicts in Kosovo, Afghanistan, and Iraq, and the 'war on terror'. Torts in UK Foreign Relations examines the English courts' treatment of such issues and offers a better understanding of this contested area of private international law. It shows that a defining characteristic of such tortious claims is that they are often subjected to the choice-of-law process and lead to the application of foreign law. Further, the author clarifies the nature of the doctrines operating in this field, maps out the relationship between different jurisdictions and rules that are engaged, and criticises the current approach to choice-of-law, while arguing that English tort law should play a more prominent role.Comprehensive and methodological, Torts in UK Foreign Relations will appeal widely to academics, practitioners, and students in the fields of private international law, foreign relations law, tort law, and public law.
This book investigates the legal framework and jurisdictional challenges surrounding tortious claims brought against the UK government for extraterritorial acts committed during overseas military and security operations. Uglješa Grušić, a scholar of private international law, analyzes the intersection of domestic tort law and foreign relations. He evaluates how English courts handle claims arising from conflicts in Kosovo, Afghanistan, and Iraq, arguing that the current choice-of-law process is insufficient and that English tort law should occupy a more central role in these proceedings.
What You Will Find
Legal scholars and practitioners recognize this text as a rigorous examination of a highly contested area of private international law. The book is noted for its methodological approach to complex jurisdictional questions, making it a valuable resource for those studying the intersection of tort law and state liability.
Page Count:
336
Publication Date:
2023-01-01
Publisher:
Oxford University Press
ISBN-10:
0198869223
ISBN-13:
9780198869221
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