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"In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general."--Bloomsbury Publishing.
Class actions (Civil procedure) --- Conflict of laws --- Class actions
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Conflict of laws --- Class actions (Civil procedure) --- Class actions --- Recours collectifs (Droit international privé) --- Actions collectives (Procédure civile) --- Conflict of laws - Class actions - European Union countries --- Class actions (Civil procedure) - European Union countries
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"When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation"--
Class actions (Civil procedure). --- Complex litigation. --- International courts. --- Liability for environmental damages. --- Liability for human rights violations. --- Tort liability of corporations. --- Liability for human rights violations --- Class actions (Civil procedure) --- International courts --- Sociétés --- Responsabilité pour violation des droits de l'homme --- Responsabilité pour dommages à l'environnement --- Instances complexes --- Recours collectifs (Procédure civile) --- Tribunaux internationaux --- Responsabilité civile
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When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.
Tort liability of corporations. --- Liability for human rights violations. --- Liability for environmental damages. --- Complex litigation. --- Class actions (Civil procedure) --- International courts. --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Litigation, Complex --- Protracted litigation --- Court proceedings --- Pre-trial procedure --- Procedure (Law) --- Environmental damages, Liability for --- Environmental law --- Liability (Law) --- Torts --- Tort liability of nonprofit organizations --- Corporations --- Nonprofit organizations --- Liability for human rights violations
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