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The Competing Jurisdictions of International Courts and Tribunals Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)

The Competing Jurisdictions of International Courts and Tribunals By Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)

The Competing Jurisdictions of International Courts and Tribunals by Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)


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Summary

The proliferation of new international courts and tribunals has given rise to concerns of jurisdictional overlaps between judicial bodies. This book examines what would happen when the same dispute falls under the jurisdiction of more than one forum. It raises both theoretical and practical issues of coordinating between the various jurisdictions.

The Competing Jurisdictions of International Courts and Tribunals Summary

The Competing Jurisdictions of International Courts and Tribunals by Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)

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.

The Competing Jurisdictions of International Courts and Tribunals Reviews

This book deserves attention not only because of the timeliness the topic but also on account of the excellent academic treatment of the subject. Shany analyses the existing international law and the policy issues involved with thoroughness and precision. The result is an impressive work of legal scholarship. * August Reinisch, ARIEL *

About Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)

Yuval Shany is a full-time Lecturer at the College of Management, Academic Studies Division, Israel.

Table of Contents

INTRODUCTION ; PART I OVERLAPS BETWEEN THE JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS ; 1. What Constitutes Competing Proceedings? ; 2. Delineation of Jurisdictional Overlaps: Theory and Practice ; PART II 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 Courts and Tribunals ; 4. Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts: Should They be Introduced into International Law? ; PART III THE REGULATION OF COMPETITION BETWEEN JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS: LEX LATA AND LEX FERENDA ; 5. Competition-Regulating Norms found in Instruments Governing the Jurisdiction of International Courts and Tribunals ; 6. Jurisdiction-Regulating Norms, Derived From Sources Other than Treaties, as Applied by International Courts and Tribunals ; 7. Possibilities for Future Improvement ; Conclusions ; Table of Authorities ; Index

Additional information

NLS9780199274284
9780199274284
0199274282
The Competing Jurisdictions of International Courts and Tribunals by Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)
New
Paperback
Oxford University Press
2004-09-23
424
Winner of ASIL Certificate of Merit 2004.
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