Hardback : $181.00
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.
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.
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
Yuval Shany is a full-time Lecturer at the College of Management, Academic Studies Division, Israel.
`...Encyclopedic in scope... imaginative and provocative in its
conceptual approach. With its careful reconsideration of first
principles of the international legal system, on the one hand, and
its practical analysis of competition-regulating principles derived
from domestic and international law, on the other, it constitutes a
definitive contribution to international legal scholarship on this
subject of emerging importance.
'
American Society of International Law, 2004
`a significant contribution...Yuval Shany's book offers an
excellent exposition of how these issues have been dealt with by a
wide range of international courts and tribunals. In making
proposals to mitigate the problem of jurisdictional competition,
his work is valuable both as a practical tool for those faced with
such dilemmas, and also as an aid to better theoretical
understanding of the emerging international juridical system.'
Chester Brown, European Journal of International Law
`Yuval Shany's book is an original, useful and timely response to
the recent academic need to examine the phenomenon of competing
jurisdictions in international law. It will undoubtedly retain its
importance and significance in the foreseeable future.'
The Cambridge Law Journal
|
Ask a Question About this Product More... |
|
