Torts in UK Foreign Relations 1st Edition

Description

• Author(s)
  Uglješa Grušić
• Publisher
  OUP Oxford
• Format
  PDF
• Print ISBN
  9780198869221, 0198869223
• eText ISBN
  9780198869221, 0198869223
• Edition
  1st
• Copyright
  2023
• Details
  Can English courts hear tortious claims for wrongs allegedly committed by British armed forces and security services during their overseas operations? Should English courts hear such claims? What law governs issues raised by such claims? Can foreign judgments given on such claims be recognised and enforced in the UK? Many questions such as these have arisen in relation to cases dealing with the tortious liability of the UK government and its officials for extraterritorial public acts committed during the conflicts in Kosovo, Afghanistan, and Iraq, and the ‘war on terror’. Torts in UK Foreign Relations examines the English courts’ treatment of such issues and offers a better understanding of this contested area of private international law. It shows that a defining characteristic of such tortious claims is that they are often subjected to the choice-of-law process and lead to the application of foreign law. Further, the author clarifies the nature of the doctrines operating in this field, maps out the relationship between different jurisdictions and rules that are engaged, and criticises the current approach to choice-of-law, while arguing that English tort law should play a more prominent role. Comprehensive and methodological, Torts in UK Foreign Relations will appeal widely to academics, practitioners, and students in the fields of private international law, foreign relations law, tort law, and public law.