International litigation conflict

Author: Li Wang
Publisher:
Publish Date: 2002-04-01
Features: International jurisdictional conflicts were one of the issues I was concerned about while pursuing my doctoral studies in law in Japan around 1990. The "litigation wars" between Japanese and American companies, utilizing parallel litigation, left a deep impression on me. The exploration of this issue by private international law scholars enhanced my rational understanding. Upon returning to China, I also deeply felt the importance of this issue during my teaching and research at Tsinghua University Law School. Every time I discussed this topic in class, my students showed great interest, which further strengthened my confidence in publishing this book. International civil procedure law is an independent legal discipline, distinct from conflict law and civil procedure law. In some law schools, there are even separate courses on international civil procedure law. The higher the degree of a country's globalization, the greater the role of international civil procedure law and conflict law. Recently, I learned that some law schools in China have also started offering this course as a separate subject, which can be considered a visionary move. International jurisdictional conflicts are an important issue in international civil procedure law, resulting from the mutual recognition of the effectiveness of litigation actions between countries. Exploring this issue also helps in understanding international civil procedure jurisdiction and judicial assistance. The handling of international jurisdictional conflicts differs between the common law and civil law systems. This book introduces and analyzes the legal systems of the common law countries of the United States and the United Kingdom, the civil law countries of France and Germany, the Asian country of Japan, as well as some international treaties, explaining the different approaches to specific legal issues among countries with different social systems and legal traditions. The book also proposes some of my own ideas regarding the legal system of our country.