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Forum non conveniens in Australia-how much weight should be given to comity?
Citation
Sooksripaisarnkit, P, Forum non conveniens in Australia-how much weight should be given to comity?, Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still?, Springer, P Sooksripaisarnkit and D Prasad (ed), Singapore, pp. 51-66. ISBN 9789811684791 (2022) [Research Book Chapter]
Copyright Statement
Copyright 2022 The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.
DOI: doi:10.1007/978-981-16-8480-7_4
Abstract
A historical tracing suggested that the concept of comity has its root from public international law. In modern days, it forms a rationale underpinning the doctrine of forum non conveniens in private international law. However, Australia has rejected a popular formulation of the ‘more appropriate forum’ test used in England and other common law jurisdictions and instead decided to adopt a more stringent test of ‘clearly inappropriate forum’. To what extent is this version of the forum non conveniens doctrine in compatible with the comity concept? It is argued that the courts in Australia largely pay lip service to the comity concept in their consideration.
Item Details
| Item Type: | Research Book Chapter |
|---|---|
| Keywords: | comity, forum non conveniens, more appropriate forum, clearly inappropriate forum |
| Research Division: | Law and Legal Studies |
| Research Group: | International and comparative law |
| Research Field: | Conflict of laws (incl. private international law) |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Justice and the law |
| Objective Field: | Civil justice |
| UTAS Author: | Sooksripaisarnkit, P (Dr Poomintr Sooksripaisarnkit) |
| ID Code: | 149087 |
| Year Published: | 2022 |
| Deposited By: | Maritime and Logistics Management |
| Deposited On: | 2022-03-07 |
| Last Modified: | 2022-07-15 |
| Downloads: | 0 |
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