Beyond National Law: The Neglected Role of the International Law of Personal Jurisdiction in Domestic Courts

Author(s)

Andrew L. Strauss, University of DaytonFollow

Document Type

Article

Publication Date

4-1995

Publication Source

Harvard International Law Journal

Abstract

When one of the parties is foreign in civil personal jurisdiction cases, United States courts have assumed it appropriate to overlook international jurisdiction law and apply solely United States constitutional, statutory and common law doctrines related to jurisdiction. Courts in other countries likewise apply their own domestic doctrines of jurisdiction in international cases. Applying both positivist and normative methodologies, this article makes the theoretical case that the international law of personal jurisdiction should be applied in domestic courts.

Inclusive pages

373-424

ISBN/ISSN

0017-8063

Document Version

Published Version

Comments

This document is made available for download in compliance with the publisher's policy on self-archiving. Permission documentation on file.

Copyright

Copyright © 1995, Harvard International Law Journal

Publisher

Harvard International Law Journal

Volume

36

Issue

2

Place of Publication

Cambridge, MA

eCommons Citation

Strauss, Andrew L., "Beyond National Law: The Neglected Role of the International Law of Personal Jurisdiction in Domestic Courts" (1995). School of Law Faculty Publications. 5.
https://ecommons.udayton.edu/law_fac_pub/5