The Coronavirus pandemic ( “COVID-19”) first broke out in Wuhan, the capital of Hubei Province in China in December, 2019. The infectious disease has since spread to six continents and many countries with dire human consequences and adverse impacts on the economies of various countries. The...

This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...

This article examines the Private International Law (Choice of Law in Tort) Bill, referred to the New Zealand Justice and Electoral Select Committee at the end of 2016. The authors explore the potential effects of the Bill, such as the abolition of the double actionability rule, along with...

This lecture for the Foundation for Law, Justice and Society, at Wolfson College, University of Oxford, addresses the cost to society of pharmaceutical mass tort litigation, nearly 15 years after the withdrawal by Merck & Co., Inc. of Vioxx® (rofecoxib) from markets worldwide.When Merck...

The Brazilian Consumer Protection Code is one of the most advanced in the world. Among its most important innovations, article 6, VIII allows the court to shift the burden of proof whenever the claimant is at disadvantage and the allegations are credible. Its objective is to place unequal...

With the case of Lliuya v. RWE, climate change litigation has come to Germany. The article explores the German law of torts or delict, asking whether it has something to offer to victims of climate change. The essential elements of negligence liability, i.e. scope of protection, duty of care,...

The international law of state responsibility determines when states are liable for international law violations. States are generally liable when they have control over the actions of wrongdoers; thus, the actions of state officials can implicate state responsibility whereas the acts of private...

The international law of state responsibility determines when states are liable for international law violations. States are generally liable when they have control over the actions of wrongdoers; thus, the actions of state officials can implicate state responsibility whereas the acts of private...