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Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller
Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller
Vanderbilt Journal of Transnational Law
This Article contends that the current state of the debate over the balancing of interests in the extraterritorial application of United States law is outmoded and in need of serious reexamination. Most commentators and scholars continue to focus on the area of jurisdiction to prescribe, the acceptability of the effects test, and the development of lists of United States and foreign interests to be balanced by a United States court before exercising jurisdiction.
Professor Waller contends that this debate is no longer productive. Extraterritoriality, with some limitations for the interests of other states, is an accepted feature of United States …