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Transnational Forum Shopping as a Trade and Investment Issue

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  • Alan O. Sykes

Abstract

Plaintiffs regularly bring cases in U.S. courts seeking damages for harms that have occurred abroad, attracted by higher expected returns than are available in the jurisdiction in which the harm arose. This paper focuses on the potential distortion of trade and investment patterns that can result from implicit discrimination in the applicability of liability rules to producers or investors of different nationalities due to such forum shopping. These distortions are akin to those caused by discriminatory tariff or tax policies and can reduce global economic welfare. In appropriate cases, the welfare costs can be averted by limiting foreign tort plaintiffs to the law and forum of the jurisdiction in which their harm arose, although such a rule is not efficient in all cases. The analysis has implications for a number of areas of legal doctrine, including the doctrine of forum non conveniens, the construction of the Alien Tort Statute, and the rules governing choice of law in transnational tort cases. (c) 2008 by The University of Chicago. All rights reserved.

Suggested Citation

  • Alan O. Sykes, 2008. "Transnational Forum Shopping as a Trade and Investment Issue," The Journal of Legal Studies, University of Chicago Press, vol. 37(2), pages 339-378, June.
    • Handle: RePEc:ucp:jlstud:v:37:y:2008:i:2:p:339-378
    DOI: 10.1086/589664
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    References listed on IDEAS

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    1. Michelle J. White, 2006. "Asbestos Litigation: Procedural Innovations and Forum Shopping," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 365-398, June.
    2. Harry G. Johnson, 1953. "Optimum Tariffs and Retaliation," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 21(2), pages 142-153.
    3. Epstein, Richard A & Sykes, Alan O, 2001. "The Assault on Managed Care: Vicarious Liability, ERISA Preemption, and Class Actions," The Journal of Legal Studies, University of Chicago Press, vol. 30(2), pages 625-659, June.
    4. A. Mitchell Polinsky & William P. Rogerson, 1983. "Products Liability, Consumer Misperceptions, and Market Power," Bell Journal of Economics, The RAND Corporation, vol. 14(2), pages 581-589, Autumn.
    5. Harold Koh, 2004. "Separating Myth From Reality About Corporate Responsibility Litigation," Journal of International Economic Law, Oxford University Press, vol. 7(2), pages 263-274, June.
    6. A. Mitchell Polinsky, 1980. "Strict Liability versus Negligence in a Market Setting," NBER Working Papers 0420, National Bureau of Economic Research, Inc.
    7. Roberta Romano, 1998. "Empowering Investors: A Market Approach to Securities Regulation," Yale School of Management Working Papers ysm74, Yale School of Management.
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    Cited by:

    1. Baumann, Florian, 2015. "Freier Warenverkehr und unverfälschter Wettbewerb in der Europäischen Union: Der Beitrag der europäischen Produkthaftung," DICE Ordnungspolitische Perspektiven 75, Heinrich Heine University Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
    2. Paul B. Stephan, 2013. "The Political Economy of Extraterritoriality," Politics and Governance, Cogitatio Press, vol. 1(1), pages 92-101.
    3. Christopher A. Whytock, 2022. "Transnational Litigation in U.S. Courts: A Theoretical and Empirical Reassessment," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(1), pages 4-59, March.
    4. Patrick Bayer & Christopher Marcoux & Johannes Urpelainen, 2014. "Choosing international organizations: When do states and the World Bank collaborate on environmental projects?," The Review of International Organizations, Springer, vol. 9(4), pages 413-440, December.

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