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The Competing Jurisdictions of International Courts and Tribunals

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Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel

ISBN13: 9780199258574
ISBN: 0199258570
Published: June 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9780199274284



Despatched in 3 to 5 days.

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 could fall 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 tribunals and delineates areas of overlap between their respective jurisdictions.

Then 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.

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Subjects:
Public International Law
Contents:
INTRODUCTION; THE OVERLAP BETWEEN THE JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS; 1. What Constitute Competing Proceedings?; 2. Delineation of Jurisdictional Overlap - Theory and Practice; LEGAL AND POLICY ISSUES CONCERNING THE COMPETITION BETWEEN THE JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS; 3. Jurisdictional Competition in View of the Systematic Nature of International Law; 4. Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts - Should They be Introduced into International Law?; THE REGULATION OF COMPETITION BETWEEN JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS: LEX LATA AND LEX FERENDA; 5. Existing Competition-Regulating Jurisdictional Provisions in International Instruments; 6. General Jurisdiction-Regulating Principles, Derived From Sources Other Than Treaties, as Applied by International Courts and Tribunals; Possibilities for Future Improvement; CONCLUSIONS

Series: International Courts and Tribunals

Applicable Law Before International Courts and Tribunals ISBN 9780199212682
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Assessing the Effectiveness of International Courts ISBN 9780198794318
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In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
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International Judicial Integration and Fragmentation ISBN 9780198743729
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£24.99
The European Court of Justice and International Courts (eBook) ISBN 9780191652929
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The European Court of Justice and International Courts ISBN 9780199660476
Published October 2015
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£70.00
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198717461
Published July 2014
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£70.00
£58.33 + £11.67 VAT
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Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
Published January 2014
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£61.67 + £12.33 VAT
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Assessing the Effectiveness of International Courts ISBN 9780199643295
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Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
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Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
Oxford University Press
£58.33 + £11.67 VAT
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International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
Oxford University Press
£65.00 + £13.00 VAT
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International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
Oxford University Press
£78.00
Reception of International Law in the European Court of Human Rights ISBN 9780199592678
Published August 2010
Oxford University Press
£105.00
£122.50
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
Published February 2009
Oxford University Press
£40.99
A Common Law of International Adjudication ISBN 9780199563906
Published February 2009
Oxford University Press
£40.99
Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
Published December 2008
Oxford University Press
£82.00
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
Oxford University Press
Price on Application
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
Oxford University Press
£95.00
Compliance with Decisions of the International Court of Justice ISBN 9780199276721
Published November 2004
Oxford University Press
£110.00
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276738
Published October 2004
Oxford University Press
Out of print
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
Published October 2004
Oxford University Press
£54.00
The Competing Jurisdictions of International Courts and Tribunals New ed ISBN 9780199274284
Published September 2004
Oxford University Press
£38.99