Volume X of the Anuario Español de Derecho Internacional Privado has just been released. In pages 259 to 300 you will find an article on cross-border civil litigation and jurisdiction that I wrote a few months ago. The abstract reads as follows:
In 2008, the Committee on Civil Litigation and the Interests of the Public of the International Law Association launched research into the area called “private litigation for violations of human rights”, with particular focus on the private international law aspects of civil actions against multinational corporations. In its 2010 report the Committee presented the issue of international jurisdiction as one of the most serious obstacles to such actions. Our study examines personal jurisdiction criteria in the U.S. (so far the prime forum for this kind of litigation), and Europe (as potential forum, likely to become a real one to counterbalance the increasingly serious restrictions to access to American jurisdiction). Not surprisingly, we conclude that the situation is unsatisfactory, and that as far as Europe is concerned, the proposal for amending EC Regulation No. 44/01 does not alter such result. Changes in PIL will not be enough for private litigation to become a useful regulatory mechanism of corporations in relation to human rights; a much more comprehensive action is needed, supported by international consensus. In other words: there is still a long way to run.
I have the pdf file; don’t hesitate to ask me in case you feel like reading it (in Spanish).