Foreign States in Australian Courts

36 Pages Posted: 31 Aug 2006

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Abstract

The increase in transnational litigation before Australian courts has also seen a rise in the number of cases involving foreign states. While a number of doctrines currently exist in Australian law that protect the interests of foreign states from adjudication, their combined effect has been to frustrate the vindication of private rights. Principles of personal jurisdiction and appropriate forum, where private and public interests may be weighed against each other in the decision to adjudicate, offer a more balanced and equitable solution.

Keywords: foreign, transnational, litigiation, Australia, court

JEL Classification: K40, K33, K10

Suggested Citation

Garnett, Richard, Foreign States in Australian Courts. Melbourne University Law Review, Vol. 29, 2006, U of Melbourne Legal Studies Research Paper No. 162, Available at SSRN: https://ssrn.com/abstract=927553

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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