IECL Lunchtime Seminar

The formal requirements of civil marriage

Dr Charlotte Wendland

Civil Procedures on State Immunity Emerges from Transnational Law: Problems, Approaches, and Theories

Jonathan Brosseau

This paper argues that civil procedure relating to State immunity emerges from transnational law and should be continually enhanced through transnational law. Civil procedure governs the processual conduct of proceedings against foreign States, covering issues such as the criteria for issuing default judgments. The paper proceeds in three parts. First, it posits that civil procedure is a transnational legal problem, making its comparative study both feasible and essential. Second, the paper advocates for a transnational law approach, which encompasses the rules, methods, and fundamental values of both public and private international law, as well as those specific to transnational law (such as the conciliation of laws). Third, the paper proposes that Harold Koh’s transnational legal process theory provides the most robust foundation for understanding the development of civil procedure.