"Libel tourism" and conflict of laws

Hartley, Trevor C. (2010) "Libel tourism" and conflict of laws. International and Comparative Law Quarterly, 59 (01). pp. 25-38. ISSN 0020-5893

Preview

PDF - Accepted Version Download (485kB) | Preview

• Author

Abstract

This article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.

Item Type:	Article
Official URL:	http://journals.cambridge.org/action/displayJourna...
Additional Information:	© 2010 British Institute of International and Comparative Law
Divisions:	Law
Subjects:	J Political Science > JX International law K Law > KZ Law of Nations
Date Deposited:	13 Apr 2011 14:37
Last Modified:	01 Oct 2024 23:12
URI:	http://eprints.lse.ac.uk/id/eprint/35170

Actions (login required)

View Item