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State LiabilityTort Law and Beyond$
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Carol Harlow

Print publication date: 2004

Print ISBN-13: 9780199272648

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199272648.001.0001

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Tort Law Abounding

Tort Law Abounding

Chapter:
(p.42) 2 Tort Law Abounding
Source:
State Liability
Author(s):

Carol Harlow

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199272648.003.0003

This chapter considers the effect of globalization on national systems of tort law. It argues that globalization, with its effect of speeding up and deepening the impact of transcontinental flows and patterns of social interaction, produces a cascade effect, whereby developments in one legal system routinely influence and trigger change in others. Transnational courts are growing up, seeking to reinforce their standing and carve out a significant role for law in the new world order. They have been moving rapidly from defensive or negative to affirmative remedies, and have begun to make forays into areas of national sovereignty and distributive justice.

Keywords:   cascade effect, globalization, affirmative remedies, liability, national sovereignty, tort law, transnational courts

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