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.…mehr
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.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Yuval Shany served since 2005 as a Senior Lecturer, at the Hebrew University Faculty of Law (and since 2006, he is also the Academic Director of the Minerva Center for Human Rights at the Hebrew University). His education comprises of an LL.B. cum laude from the Hebrew University 1995; an LL.M. in International Legal Studies from New York University, 1997 and a PhD in Law, from SOAS, at the University of London, 2001. Before joining the Hebrew University, Shany has occupied the position of a senior lecture at the Law School of the College of Management Academic Studies in Israel. Shany has spent time in Harvard as a Research Fellow in the Harvard Human Rights Program (2004-2005), and as a Visiting Researcher at the Amsterdam Center for International Law (2005). Later on this year, he will be a Visiting Professor at the Georgetown Law Center (2007). Shany has been a Member of the Israeli Bar since 1996 and among his recent publications are: Toward a General Margin of Appreciation Doctrine, 16 European Journal of International Law 907 (2005); Contract Claims v. Treaty Claims: Mapping the Conflicts between ICSID Decisions on Multi-Sourced Investment Claims 99 American Journal of International Law 835 (2005); Jurisdictional Competition between International and National Courts: Should International Jurisdiction-Regulating Rules Apply, XXXVII Netherlands Yearbook of International Law (forthcoming in 2007)
Inhaltsangabe
* Introduction: The Recent Upsurge in Unregulated Interaction between National and International Courts * I: Doctrinal Implications of Increased Jurisdictionsla Interaction * II: The Internationalization of the National * III: The Need for Regulation * * * Part I: COMPETING PARADIGMA FOR DELINEATING THE RELATIONS BETWEEN NATIONAL AND INTERNATIONAL COURTS * 1.1: Stating the Obvious: Regulated Interactions between National and International Courts * 1.2: uncharted Territory: Unregulated Interactions between National and Internationsl Courts * 2: Conceptualizingy the Relations between National and International Courts * 2.1: Tradtional Objections to Regulation: Dualism and Hierarchy * 2.2: Alternative Relationaship Theories * Conclusions
* Introduction: The Recent Upsurge in Unregulated Interaction between National and International Courts * I: Doctrinal Implications of Increased Jurisdictionsla Interaction * II: The Internationalization of the National * III: The Need for Regulation * * * Part I: COMPETING PARADIGMA FOR DELINEATING THE RELATIONS BETWEEN NATIONAL AND INTERNATIONAL COURTS * 1.1: Stating the Obvious: Regulated Interactions between National and International Courts * 1.2: uncharted Territory: Unregulated Interactions between National and Internationsl Courts * 2: Conceptualizingy the Relations between National and International Courts * 2.1: Tradtional Objections to Regulation: Dualism and Hierarchy * 2.2: Alternative Relationaship Theories * Conclusions
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