Transnational litigation
Paiement,Phillip
Paiement,Phillip
Abstract
Litigation has been a point of emphasis for transnational legal scholarship since the origin of the field in Philip Jessup's 1956 Storrs Lectures. This entry maps the many forms of engagement that transnational legal scholars have had with litigation processes, both before domestic and international adjudicatory forums. Private interest groups act as influential drivers of international litigation between states in the World Trade Organization's dispute resolution mechanism. In contrast, litigation is also an important process for checking the private interests of economic actors driving globalization, as illustrated in the rise of transnational public law litigation, which applies human rights norms and other public law rules to the transnational actions of corporate entities, and transnational climate litigation. The spread of class action opportunities has also resulted in various forms of coordinated, multi-jurisdictional ‘global class actions’. Finally, the entry discusses methods of legal analysis that amplify transnational aspects of otherwise domestic litigation.
Description
Date
2026-01
Journal Title
Journal ISSN
Volume Title
Publisher
Edward Elgar
Research Projects
Organizational Units
Journal Issue
Keywords
Citation
Paiement, P 2026, Transnational litigation. in M Maguire & G K Wilson (eds), Elgar encyclopedia of business and government. Political science and public policy 2026, Edward Elgar, Cheltenham, pp. 300-306. https://doi.org/10.4337/9781035307784.00056
License
info:eu-repo/semantics/closedAccess