The Competing Jurisdictions of International Courts and Tribunals - International Courts and Tribunals (Hardback)
  • The Competing Jurisdictions of International Courts and Tribunals - International Courts and Tribunals (Hardback)
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The Competing Jurisdictions of International Courts and Tribunals - International Courts and Tribunals (Hardback)

(author)
£110.00
Hardback 418 Pages / Published: 20/03/2003
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Recent years have witnessed a sharp increase in the number of international courts and tribunals (e.g., 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 coordinating 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. Them follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (e.g., forum shopping and multiple proceedings) and considers the expediency of mitigating them. It concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and considering the desirability of introducing additional norms and arrangements.

Publisher: Oxford University Press
ISBN: 9780199258574
Number of pages: 418
Weight: 778 g
Dimensions: 241 x 164 x 27 mm


MEDIA REVIEWS
... well researched ... and written in an accessible and lucid style. It is a valuable contribution to international legal scholarship that will lay the foundation for further research in the area. * Australian Year Book of International Law *
In making proposals to mitigate the problem of jurisdictional competition, [Shany's] work is valuable both as a practical tool for those faced with such dilemmas, and also as an aid to a better theoretical understanding of the emerging international judicial system. * The European Journal of International Law *
This is a significant contribution as it is the first major work to consider the application in public international law of doctrines developed and applied traditionally as part of private international law. * The European Journal of International Law *
... the first in OUP's new series on international courts and tribunals. * The European Journal of International Law *
... a work that is indispensable for any library collection housing literature on international courts. * ASIL Newsletter (American Society of International Law) *
... an unparalleled panorama for anyone desiring both a bird's eye view as well as notable detail about the potential concurrent exercises of subject matter jurisdiction. * ASIL Newsletter (American Society of International Law) *

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