Iconic asymmetries of our times: “Super Highways” and “jungle tracks” in transnational access to justice

Research output: Contribution to journalArticlepeer-review

Abstract

Drawing from Hartley’s ‘Multinational Corporations and the Third World: A Conflict-of-Laws Analysis’ where he exposes the ‘unequal fight’ between powerful multinational corporations and the people and communities in ‘the third world’, suggesting that this is partly a consequence of the deficits of legal infrastructures therein, this brief contribution dwells on the global systemic impact of channelling legal proceedings justiciable in the Global South (GS) to courts in the Global North (GN). It takes a private international law and sustainable development perspective and draws attention to the rhetoric and narratives of interdependence between the ‘super highways’ and the ‘jungle tracks’- the illustrations used by Hartley. The main argument taken forward in this paper is that to realise private international law’s contribution to SDG 16 (peace, justice and strong institutions) responsivity is necessary in jurisdictional decision making in this context to enhance access to justice for all in the GS.
Original languageEnglish
Pages (from-to)598-614
JournalJournal of Private International Law
Volume20
Issue number3
DOIs
Publication statusPublished - 20 Jan 2025

Keywords / Materials (for Non-textual outputs)

  • private international law and sustainable development
  • transnational access to justice
  • Global North-Global South dynamics
  • legal capacity-building in the Global South
  • international cooperation for sustainable development
  • forum non conveniens
  • interest of justice
  • private and public interests
  • jurisdictional decision-making

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