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.
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.
Yuval Shany is lecturer at the College of Management, Academic Studies Division, Israel
Inhaltsangabe
* Introduction * The Overlap Between the Jurisdictions of International Courts and Tribunals * 1: What Constitute Competing Proceedings? * 2: Delineation of Jurisdictional Overlap - Theory and Practice * 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 Law * 4: Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts - Should They be Introduced into International Law? * The Regulation of Competition between Jurisdictions of International Courts and Tribunals: Lex Lata and Lex Ferenda * 5: Existing Competition-Regulating Jurisdictional Provisions in International Instruments * 6: General Jurisdiction-Regulating Principles, Derived From Sources Other Than Treaties, as Applied by International Courts and Tribunals * Possibilities for Future Improvement * Conclusions
* Introduction * The Overlap Between the Jurisdictions of International Courts and Tribunals * 1: What Constitute Competing Proceedings? * 2: Delineation of Jurisdictional Overlap - Theory and Practice * 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 Law * 4: Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts - Should They be Introduced into International Law? * The Regulation of Competition between Jurisdictions of International Courts and Tribunals: Lex Lata and Lex Ferenda * 5: Existing Competition-Regulating Jurisdictional Provisions in International Instruments * 6: General Jurisdiction-Regulating Principles, Derived From Sources Other Than Treaties, as Applied by International Courts and Tribunals * Possibilities for Future Improvement * Conclusions
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