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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Regulating Jurisdictional Relations Between National and International Courts


ISBN13: 9780199563852
Published: February 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback 2007)
Price: £40.99
Hardback edition , ISBN13 9780199211791



Despatched in 3 to 5 days.

This book seeks to investigate the growing jurisdictional interaction between national and international courts ie: their parallel involvement in the same or related disputes in the light of competing theoretical, ideological and methodological discourses on the nature of the relationship and the means to regulate it. In particular, it aims to explore what, if any, rules of international law could, or perhaps should govern such interactions, and regulate forum selection or multiple proceedings involving national and international courts.

In addition, the book explores the standards of review employed by international courts vis-à-vis the decisions of their domestic counterparts and vice versa. It posits that the regulation of such interactions ultimately depends on the selection of the overarching paradigm that governs the relations between national and international courts (hierarchical as opposed to non-hierarchical and disintegrative or integrative conceptual frameworks).

Following academic discussion of the problems and solutions pertaining to the interaction between national and international courts, the book considers the potential applicability of several jurisdiction-regulating measures to jurisdictional interactions between national and international courts. These include rules on forum selection and rules designed to regulate multiple proceedings (e.g., lis alibi pendens and res judicata), utilization of comity based measures and doctrines, such as discretionary stay or dismissal of proceedings and margin of appreciation judicial review, and examination of the prohibition against abuse of rights. This segment of the book strives to provide lawyers and academics with a 'tool kit' of measures which could be employed in cases involving jurisdictional interactions between national and international courts.

  • Innovative theoretical discussion of interactions between international and national jurisdiction offering important insights on current judicial policy
  • The book presents an operational 'tool box' of jurisdiction regulating measures, which practitioners can apply in litigation
  • Gives many examples of litigation casestudies, making the book a useful practitioner reference work

Series: International Courts and Tribunals

Applicable Law Before International Courts and Tribunals ISBN 9780199212682
To be published May 2017
Oxford University Press
£70.00
Assessing the Effectiveness of International Courts ISBN 9780198794318
Published August 2016
Oxford University Press
£24.99
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
Published March 2016
Oxford University Press
£29.99
International Judicial Integration and Fragmentation ISBN 9780198743729
Published February 2016
Oxford University Press
£24.99
The European Court of Justice and International Courts (eBook) ISBN 9780191652929
Published October 2015
Oxford University Press
£58.33 + £11.67 VAT
(ePub)
Buy
The European Court of Justice and International Courts ISBN 9780199660476
Published October 2015
Oxford University Press
£70.00
£58.33 + £11.67 VAT
(ePub)
Buy
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198717461
Published July 2014
Oxford University Press
£70.00
Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
Published January 2014
Oxford University Press
£61.67 + £12.33 VAT
(ePub)
Buy
Assessing the Effectiveness of International Courts ISBN 9780199643295
Published January 2014
Oxford University Press
£74.00
Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
Oxford University Press
£74.00
Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
Oxford University Press
£58.33 + £11.67 VAT
(ePub)
Buy
International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
Oxford University Press
£78.00
International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
Oxford University Press
£65.00 + £13.00 VAT
(ePub)
Buy
Reception of International Law in the European Court of Human Rights ISBN 9780199592678
Published August 2010
Oxford University Press
£105.00
£122.50
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
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
Oxford University Press
£95.00
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
Oxford University Press
Price on Application
The Competing Jurisdictions of International Courts and Tribunals
Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel
ISBN 9780199258574
Published June 2005
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