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This casebook grows out of the rapid internationalization of domestic law since the 1980s, especially in civil litigation before US 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, and even immigration law and human rights. This book integrates materials across these fields, developing the common principles that govern litigation with international elements in US courts. of process, discovery, the special treatment of government as parties, and the recognition and enforcement of judgements 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 statues, characteristic issues of professional responsibility, the impact of intergovernmental and non-governmental organizations, and the unique difficulties of providing the content of international law. A document supplement accompanies the casebook.
"The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.