European Parliament Library

Intolerant Justice:, Conflict and cooperation on transnational litigation, Asif Efrat

Intolerant Justice:, Conflict and cooperation on transnational litigation, Asif Efrat
Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism-the human tendency to divide the world into superior in-groups and inferior out-groups-fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance-and it shows how this resistance can be overcome
Bibliography note
Includes bibliographical references and index
Main title
Intolerant Justice:
Nature of contents
Responsibility statement
Asif Efrat
Series statement
Oxford scholarship online
Sub title
Conflict and cooperation on transnational litigation
Table Of Contents
Contents: Acknowledgments - Section I:Introducing and Theorizing Cooperation on Litigation - 1. Introduction - 2. Theorizing Cooperation on Transnational Litigation - Section II:Jurisdiction - 3. Should American Troops Face Foreign Courts?: Debating the NATO Status of Forces Agreement - 4. Exercising Jurisdiction over "Bad Apples": Who Should Try ISIS Foreign Fighters? - Section III:Extradition - 5. The Dilemma of Extradition to China - 6. Extradition Reconsidered: The British Debate - Section IV:Enforcement of Foreign Judgments - 7. Judgments, Jurisdiction, and Juries: Challenges to the Enforcement of U.S. Court Rulings in Europe - 8. Balancing Free Speech and Reputation: A Cross-Atlantic Divide - Section V:Generalizing the Findings - 9. A Quantitative Look at Cooperation on Litigation - 10. Conclusions and Implications - References - Index
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