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Property-Based Jurisdiction and Due Process of Law

Property-Based Jurisdiction and Due Process of Law 62 PROPERTY-BASED JURISDICTION AND DUE PROCESS OF LAW By Joseph M. Lookofsky* Associate Professor of Law University of Copenhagen "In establishing bases for jurisdiction in the international sense, a legal system cannot confine its analysis solely to its own ideas of what is just, appropriate, and convenient. To a degree it must take into account the views of other communities concerned. Conduct that is overly selfregarding with respect to the taking and exercise of jurisdiction can dis- turb the international order and produce political, legal, and economic reprisals." I INTRODUCTION Denmark's rules of civil procedure (Retsplejeloven, herein: "Rpl.") are presently being revised: the rules governing the extraterritorial jurisdiction of Danish courts must be modified to conform with the European Community's Jurisdiction and Judgments Con- vention (herein: the EC "Judgments Convention").2 The Judgments Convention requires, inter alia, that Denmark modify Rpl.'s "exorbitant" § 248 (2) (godsvcerneting, literally: "property-jurisdiction") in relation to EC domicilaries. In the present writer's opinion, however, the time is ripe for a more extensive revision of § 248 (2) than that mandated by the Convention. An example will serve to illustrate the issues involved: An American businessman (headquartered in New York) starts his holiday abroad at http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Property-Based Jurisdiction and Due Process of Law

Nordic Journal of International Law , Volume 54 (1-2): 62 – Jan 1, 1985

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Publisher
Brill
Copyright
© 1985 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/187529385X00183
Publisher site
See Article on Publisher Site

Abstract

62 PROPERTY-BASED JURISDICTION AND DUE PROCESS OF LAW By Joseph M. Lookofsky* Associate Professor of Law University of Copenhagen "In establishing bases for jurisdiction in the international sense, a legal system cannot confine its analysis solely to its own ideas of what is just, appropriate, and convenient. To a degree it must take into account the views of other communities concerned. Conduct that is overly selfregarding with respect to the taking and exercise of jurisdiction can dis- turb the international order and produce political, legal, and economic reprisals." I INTRODUCTION Denmark's rules of civil procedure (Retsplejeloven, herein: "Rpl.") are presently being revised: the rules governing the extraterritorial jurisdiction of Danish courts must be modified to conform with the European Community's Jurisdiction and Judgments Con- vention (herein: the EC "Judgments Convention").2 The Judgments Convention requires, inter alia, that Denmark modify Rpl.'s "exorbitant" § 248 (2) (godsvcerneting, literally: "property-jurisdiction") in relation to EC domicilaries. In the present writer's opinion, however, the time is ripe for a more extensive revision of § 248 (2) than that mandated by the Convention. An example will serve to illustrate the issues involved: An American businessman (headquartered in New York) starts his holiday abroad at

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1985

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