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Hastings International and Comparative Law Review

Authors

Wade F. Hyder

Abstract

Traditional conffict of law rules generally dictate the application of the law of the jurisdiction where a tort has occurred. This procedure, however, may bar recovery to employees living in American corporation enclaves in countries that do not afford viable remedies to tort victims. This Note first examines the nature of expatriate enclaves in foreign nations. Next, the Note focuses on the difficulties in determining standards for deciding claims that arise out of relations within the enclaves. The author compares American and Saudi Arabian laws and their underlying principles and finds that application of Islamic common law may often result in foreclosure of remedies to a plaintiff who would have a compensable claim under American tort law. The Note next reviews current approaches used to determine the proper law to be applied in these enclaves. Finally, the author suggests a revised policy that would afford viable remedies to victims of harmful misconduct arising out of relations within enclaves.

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