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

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.

Number of Pages in PDF File: 52

Keywords: international law, jurisdiction, personal jurisdiction

JEL Classification: K33

Accepted Paper Series