{"title":"遥远的海岸:自由裁量权与司法管辖范围","authors":"Janet Walker","doi":"10.1093/oso/9780198868958.003.0003","DOIUrl":null,"url":null,"abstract":"This essay addresses the role that judges play in shaping the grounds for the exercise of jurisdiction. It considers how courts, in particular in England and Wales and in Canada, have moulded the gateways for exercising jurisdiction in cross-border cases, with a particular focus on the approach in ‘holiday tort’ cases such as Brownlie v Four Seasons (UKSC) and Club Resorts v Van Breda (Can SC). It argues that most of the gateways should be treated as legal standards and exercised on a presumptive basis subject to the courts’ discretion to decline to do so in particular cases, but some gateways have the inherent potential to be exorbitant and so should be exercised only on a discretionary basis.","PeriodicalId":333808,"journal":{"name":"A Conflict Of Laws Companion","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Distant Shore: Discretion and the Extent of Judicial Jurisdiction\",\"authors\":\"Janet Walker\",\"doi\":\"10.1093/oso/9780198868958.003.0003\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This essay addresses the role that judges play in shaping the grounds for the exercise of jurisdiction. It considers how courts, in particular in England and Wales and in Canada, have moulded the gateways for exercising jurisdiction in cross-border cases, with a particular focus on the approach in ‘holiday tort’ cases such as Brownlie v Four Seasons (UKSC) and Club Resorts v Van Breda (Can SC). It argues that most of the gateways should be treated as legal standards and exercised on a presumptive basis subject to the courts’ discretion to decline to do so in particular cases, but some gateways have the inherent potential to be exorbitant and so should be exercised only on a discretionary basis.\",\"PeriodicalId\":333808,\"journal\":{\"name\":\"A Conflict Of Laws Companion\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-06-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"A Conflict Of Laws Companion\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/oso/9780198868958.003.0003\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"A Conflict Of Laws Companion","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780198868958.003.0003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Distant Shore: Discretion and the Extent of Judicial Jurisdiction
This essay addresses the role that judges play in shaping the grounds for the exercise of jurisdiction. It considers how courts, in particular in England and Wales and in Canada, have moulded the gateways for exercising jurisdiction in cross-border cases, with a particular focus on the approach in ‘holiday tort’ cases such as Brownlie v Four Seasons (UKSC) and Club Resorts v Van Breda (Can SC). It argues that most of the gateways should be treated as legal standards and exercised on a presumptive basis subject to the courts’ discretion to decline to do so in particular cases, but some gateways have the inherent potential to be exorbitant and so should be exercised only on a discretionary basis.