REGULATING JURISDICTIONAL RELATIONS BETWEEN NATIONAL AND INTERNATIONAL COURTS by Yuval Shany ( 9780199563852 )

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Title:

REGULATING JURISDICTIONAL RELATIONS BETWEEN NATIONAL AND INTERNATIONAL COURTS

By:

Yuval Shany

Format:

Paperback

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£73.00

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ISBN 10:

0199563853

ISBN 13:

9780199563852

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Publisher:

OXFORD UNIVERSITY PRESS

Pub. date:

26 February, 2009

Series:

THE INTERNATIONAL COURTS & TRIBUNALS SERIES

Pages:

258

Description:

The book investigates the problems of increased interaction between national and international courts: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? In particular, it advocates the use of judicial comity as a method for mitigating jurisdictional tensions between the courts.

Synopsis:

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-a-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 academi

Publication:

Imprint:

Oxford University Press

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Returnable

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