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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: 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: 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: OUP Oxford
Published: 2007-08-16
Total Pages: 256
ISBN-13: 9780199211791
DOWNLOAD EBOOK →The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Author: Yuval Shany
Publisher: Oxford University Press on Demand
Published: 2003
Total Pages: 348
ISBN-13: 0199258570
DOWNLOAD EBOOK →Recent years have witnessed a sharp increase in the number of international courts and tribunals (e.g., 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 couldfall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordinating 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 tribunalsand delineates areas of overlap between their respective jurisdictions. Them follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (e.g., forum shopping and multiple proceedings) and considers the expediency of mitigating them. It concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and considering the desirability of introducing additional norms and arrangements.
Author: Yuval Shany
Publisher: Cambridge University Press
Published: 2016
Total Pages: 185
ISBN-13: 1107038790
DOWNLOAD EBOOK →Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Author: Arthur W. Rovine
Publisher: BRILL
Published: 2008
Total Pages: 367
ISBN-13: 9004167382
DOWNLOAD EBOOK →The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following five parts:Part I: Investor-State ArbitrationPart II: Conduct of International Arbitration and Jurisdictional IssuesPart III: Remedies and DefensesPart IV: Ethics Issues in International ArbitrationPart V: Mediation
Author: Chester Brown
Publisher: Oxford University Press on Demand
Published: 2007
Total Pages: 303
ISBN-13: 9780199206506
DOWNLOAD EBOOK →Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
Author: Gabrielle Kaufmann-Kohler
Publisher: Springer
Published: 2020-08-08
Total Pages: 117
ISBN-13: 9783030441630
DOWNLOAD EBOOK →This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system.The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take.Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.
Author: Yuval Shany
Publisher: Oxford University Press, USA
Published: 2014
Total Pages: 354
ISBN-13: 0199643296
DOWNLOAD EBOOK →During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.
