Book contents
- Ruling the Law
- Ascl Studies in Comparative Law
- Ruling the Law
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Cited Cases and Arbitral Awards
- Introduction
- 1 The Fiction of Legal Europeanness
- 2 The Fiction of Failed Law
- 3 The Geopolitics of Latin American Legal Fictions
- 4 Latin American Cases
- Concluding Thoughts
- References
- Index
4 - Latin American Cases
Published online by Cambridge University Press: 31 October 2019
- Ruling the Law
- Ascl Studies in Comparative Law
- Ruling the Law
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Cited Cases and Arbitral Awards
- Introduction
- 1 The Fiction of Legal Europeanness
- 2 The Fiction of Failed Law
- 3 The Geopolitics of Latin American Legal Fictions
- 4 Latin American Cases
- Concluding Thoughts
- References
- Index
Summary
The geopolitics of national legal systems involves some very real stakes. It bears on numerous concrete controversies. It may mean the difference, for example, between trying a case in a chosen jurisdiction and having that case dismissed. In the United States, judges may refuse to hear a lawsuit if it can be tried more conveniently in another country. That preliminary question depends on a judicial determination of the adequacy of the alternative forum. Only if the other legal system meets the requisite standard of fitness may the judge consider dismissing the case.
- Type
- Chapter
- Information
- Ruling the LawLegitimacy and Failure in Latin American Legal Systems, pp. 154 - 248Publisher: Cambridge University PressPrint publication year: 2019