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Torts in UK Foreign Relations

Uglješa Grušić

Abstract

Can English courts hear tortious claims for wrongs allegedly committed by British armed forces and security services during their overseas operations? Can foreign judgments given on such claims be recognized and enforced in the UK? Should such foreign judgments ever be recognized and enforced in the UK? Most of these questions have arisen in cases dealing with the tortious liability of the UK government and its officials for extraterritorial public acts committed during the conflicts in Kosovo, Afghanistan, and Iraq. This book examines the English courts’ treatment of such issues and offers a better understanding of this contested area of private international law. In addition to demonstrating that a defining characteristic of these tortious claims is how they are often subjected to the choice-of-law process and lead to the application of foreign law, the book also criticizes this current approach and argues that English tort law should play a more prominent role.

Bibliographic Information

Uglješa Grušić, author


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Contents