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This work provides an analysis of how foreign law should be pleaded and dealt with in the litigation process of another country. What weight should the trial court give to the relevant foreign law, and how should it decide what the foreign law actually is? The way foreign law is procedurally treated in court indicates to a certain extent the degree of tolerance of a legal system towards foreign ideas. The book compares how these issues are handled in different national systems, with particular focus upon civil litigation rules in the US, UK, France, Germany, the Netherlands and Belgium.
This book investigates the procedural mechanisms and judicial standards governing the application of foreign law within domestic civil litigation systems. Sofie Geeroms, an expert in private international law, examines the tension between national sovereignty and the necessity of incorporating foreign legal norms. By analyzing the evidentiary and procedural hurdles courts face when identifying and applying foreign statutes, the author argues that the treatment of foreign law serves as a barometer for a legal system's openness to international integration.
What You Will Find
Legal scholars and practitioners identify this work as a foundational text for understanding the intersection of procedural law and private international law. Readers frequently note the academic density of the prose, which makes it a primary resource for researchers focusing on comparative civil procedure.
Page Count:
456
Publication Date:
2004-04-08
Publisher:
Oxford University Press
ISBN-10:
0199264767
ISBN-13:
9780199264766
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