Regulating Jurisdictional Relations Between National and International Courts

Regulating Jurisdictional Relations Between National and International Courts

Author: Yuval Shany

Publisher: OUP Oxford

Published: 2007-08-16

Total Pages: 256

ISBN-13: 9780199211791

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The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.


The Competing Jurisdictions of International Courts and Tribunals

The Competing Jurisdictions of International Courts and Tribunals

Author: Yuval Shany

Publisher: Oxford University Press on Demand

Published: 2004

Total Pages: 348

ISBN-13: 9780199274284

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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.


Regulating Jurisdictional Relations Between National and International Courts

Regulating Jurisdictional Relations Between National and International Courts

Author: Yuval Shany

Publisher:

Published: 2007

Total Pages: 216

ISBN-13:

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Presenting an operational 'tool box' of jurisdiction regulating measures, which practitioners can apply in litigation, this book offers an innovative theoretical discussion of interactions between international and national jurisdiction offering important insights on current judicial policy.


Contemporary Issues in International Arbitration and Mediation

Contemporary Issues in International Arbitration and Mediation

Author: Arthur W. Rovine

Publisher: BRILL

Published: 2008

Total Pages: 367

ISBN-13: 9004167382

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The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following five parts:Part I: Investor-State ArbitrationPart II: Conduct of International Arbitration and Jurisdictional IssuesPart III: Remedies and DefensesPart IV: Ethics Issues in International ArbitrationPart V: Mediation


Assessing the Effectiveness of International Courts

Assessing the Effectiveness of International Courts

Author: Yuval Shany

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 354

ISBN-13: 0199643296

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During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.


International Law in Domestic Courts

International Law in Domestic Courts

Author: André Nollkaemper

Publisher:

Published: 2018

Total Pages: 769

ISBN-13: 0198739745

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The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.


Selecting International Judges

Selecting International Judges

Author: Ruth Mackenzie

Publisher: Oxford University Press

Published: 2010-06-17

Total Pages: 255

ISBN-13: 0199580561

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International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.


Jurisdiction in International Law

Jurisdiction in International Law

Author: Cedric Ryngaert

Publisher:

Published: 2015

Total Pages: 273

ISBN-13: 0199688516

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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.


A Common Law of International Adjudication

A Common Law of International Adjudication

Author: Chester Brown

Publisher: Oxford University Press on Demand

Published: 2007

Total Pages: 303

ISBN-13: 9780199206506

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Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.