THE COMPETING JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS by Yuval Shany ( 9780199258574 )

Item Details

Title:

THE COMPETING JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS

By:

Format:

Hardback

List price:	£110.00
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ISBN 10:

0199258570

ISBN 13:

9780199258574

Publisher:

OXFORD UNIVERSITY PRESS

Pub. date:

20 March, 2003

Series:

International Courts and Tribunals

Pages:

418

Description:

The proliferation of new international courts and tribunals in recent years has given rise to concerns of jurisdictional overlaps between the new and existing judicial bodies. The book examines what would happen when the same dispute falls under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordinating between the various jurisdictions and identifies rules of law which ought to apply in such circumstances.

Synopsis:

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. 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.

Publication:

Imprint:

Oxford University Press

Prizes:

Winner of ASIL Certificate of Merit 2004.

Returns:

Non-returnable

Some other items by this author:

ASSESSING THE EFFECTIVENESS OF INTERNATIONAL COURTS (HB)

ASSESSING THE EFFECTIVENESS OF INTERNATIONAL COURTS (PB)

GOVERNING SEXUALITY

MANUAL ON INTERNATIONAL COURTS AND TRIBUNALS (PB)