Yuval Shany

The Competing Jurisdictions of International Courts and Tribunals

• Broschiertes Buch

Produktbeschreibung

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.

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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.

Produktdetails

• Verlag: OUP Oxford
• Seitenzahl: 420
• Erscheinungstermin: 23. September 2004
• Englisch
• Abmessung: 234mm x 156mm x 23mm
• Gewicht: 635g
• ISBN-13: 9780199274284
• ISBN-10: 0199274282
• Artikelnr.: 21057971

Autorenporträt

Yuval Shany is a full-time Lecturer at the College of Management, Academic Studies Division, Israel.

Inhaltsangabe

* 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