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The Competing Jurisdictions of International Courts and Tribunals Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)

The Competing Jurisdictions of International Courts and Tribunals By Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)

The Competing Jurisdictions of International Courts and Tribunals by Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)


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Summary

The proliferation of international courts and tribunals has given rise to concerns of jurisdictional overlaps between new and existing judicial bodies. The book examines what would happen when the same dispute falls under the jurisdiction of more than one forum.

The Competing Jurisdictions of International Courts and Tribunals Summary

The Competing Jurisdictions of International Courts and Tribunals by Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)

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.

The Competing Jurisdictions of International Courts and Tribunals 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) *

About Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)

Yuval Shany is lecturer at the College of Management, Academic Studies Division, Israel

Table of Contents

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

Additional information

NPB9780199258574
9780199258574
0199258570
The Competing Jurisdictions of International Courts and Tribunals by Yuval Shany (Lecturer, College of Management - Academic Studies Division, Israel)
New
Hardback
Oxford University Press
2003-03-20
418
Winner of ASIL Certificate of Merit 2004.
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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