Jurisdictional Competition of International Courts and Tribunals
Author: Bartłomiej Krzan
Publisher:
Published: 2012
Total Pages: 390
ISBN-13: 9788322932667
DOWNLOAD EBOOK →Author: Bartłomiej Krzan
Publisher:
Published: 2012
Total Pages: 390
ISBN-13: 9788322932667
DOWNLOAD EBOOK →Author: Yuval Shany
Publisher: Oxford University Press on Demand
Published: 2004
Total Pages: 348
ISBN-13: 9780199274284
DOWNLOAD EBOOK →Recent years have witnessed a sharp increase in the number of international courts and tribunals (WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur, i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.
Author: Nikolaos Lavranos
Publisher: Europa Law Publishing
Published: 2009
Total Pages: 128
ISBN-13: 9789089520678
DOWNLOAD EBOOK →Jurisdictional competition is a relatively new, but increasingly important, phenomenon in European and international law. The ongoing proliferation of various international courts and tribunals results in a multiplication of judgments and arbitral awards, which potentially conflict with each other. Moreover, the ever expanding exclusive jurisdiction of the European Court of Justice into international law issues further exacerbates and complicates the problem by mixing European law principles into international law. The selected cases examined in this book, which cover different areas of international and European law, illustrate the methods applied by various international courts and tribunals to deal with overlapping jurisdictions. Since any formal hierarchy or coordination between the various international courts and tribunals is lacking, it is argued that only soft law methods, such as the application of comity, in particular the Solange-method, appears to be a useful tool to deal with the negative effects associated with jurisdictional competition.
Author: Yuval Shany
Publisher: OUP Oxford
Published: 2009-02-26
Total Pages: 0
ISBN-13: 9780199563852
DOWNLOAD EBOOK →The book investigates the problems of increased interaction between national and international courts: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? In particular, it advocates the use of judicial comity as a method for mitigating jurisdictional tensions between the courts.
Author: Yuval Shany
Publisher:
Published: 2016
Total Pages: 68
ISBN-13:
DOWNLOAD EBOOK →A number of recent decisions issued by the International Centre for the Settlement of Investment Disputes (ICSID), which address jurisdictional interactions between national and international proceedings, have sparked renewed interest in the possibility of identifying jurisdictional overlaps between the two groups of judicial bodies. Arguably, these ICSID cases are indicative of a broader tendency to reassess these relationships, which also takes place in other areas of international law, such as human rights law, criminal law and law of the sea. The article explores whether the jurisdictional relations between national and international courts can conceivably qualify as 'competing' or 'overlapping jurisdictions' - i.e., jurisdictions that have the potential of addressing, in parallel, the same disputes (involving the same parties and the same issues), under the existing definitions of jurisdictional competition or overlap. Furthermore, it seeks to examine what jurisdiction-regulating rules and principles, if any, could be applied to such a putative set of jurisdictional relations.
Author: Yuval Shany
Publisher:
Published: 2007
Total Pages: 216
ISBN-13:
DOWNLOAD EBOOK →Presenting an operational 'tool box' of jurisdiction regulating measures, which practitioners can apply in litigation, this book offers an innovative theoretical discussion of interactions between international and national jurisdiction offering important insights on current judicial policy.
Author: William A. Schabas
Publisher: Edward Elgar Publishing
Published: 2017-02-24
Total Pages: 573
ISBN-13: 1781005028
DOWNLOAD EBOOK →This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
Author: Chiara Giorgetti
Publisher: Cambridge University Press
Published: 2022-05-12
Total Pages: 295
ISBN-13: 1009100491
DOWNLOAD EBOOK →A timely assessment of cross-fertilization among international courts and tribunals as a complex multi-dimensional process, involving procedural and substantive elements.
Author: Nerina Boschiero
Publisher: Springer Science & Business Media
Published: 2013-03-15
Total Pages: 948
ISBN-13: 9067048941
DOWNLOAD EBOOK →This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.