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Title: Jurisdiction in civil and commercial matters in the USA and EU : a comparative study from the perspective of legal tradition and fundamental approach in search of a global jurisdiction and judgements convention
Author: Tu, Guangjian
ISNI:       0000 0001 3537 3796
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 2006
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This research was done against the background of the failure of the Hague negotiations for a ‘broad' global jurisdiction and judgments convention. Two of the most important jurisdiction issues upon which the two main players (the U.S. and EU) disagreed with each other were chosen to be studied i.e. the issue of whether a jurisdiction system should be one composed o f loose jurisdiction rules, even some general principles w ith b road discretion being g iven to judges or one composed of predictable hard-and-fast rules with no discretion being given to judges and the issue of what nexus should be qualified for general jurisdiction, to what extent such a nexus should be relied on and what nexus is the proper one for special (specific) jurisdiction regarding commercial contract and tort cases. The aim of this research is to seek the ideal models dealing with the two issues, find out how the two issues fared at The Hague and what could be done for the future if there is a ‘third' chance. Chapters Two and Three critically examine the jurisdiction scheme in the U.S.A. and EU (under the Brussels regime) with particular attentions being drawn to the two issues. Chapters Four and Five bring the two systems together to make a comparison from the perspective o f legal tradition and fundamental approach between them, assess and reflect upon the different approaches in the two systems, and find that as far as the first issue is concerned, an ideal personal jurisdiction system should adopt a predictable-rule-based approach with moderate discretion being given to judges; as far as the second issue is concerned, the ideal model is that general jurisdiction should be only based on the habitual residence of the defendant, special (specific) jurisdiction regarding commercial contract and tort cases should be based on the nexus between the dispute and the forum and general jurisdiction should stand at the equal footing with special (specific) jurisdiction. Chapter Six examines what had actually happened to the two issues at The Hague and analyses whether the ideal models should and could be accepted by the two sides if they have a ‘third' chance. Chapter Seven will conclude this thesis by looking to the future.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: International law