The Competing Jurisdictions of International Courts and Tribunals
By (author) Yuval Shany
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Competing Jurisdictions of International Courts and Tribunals by Yuval Shany
Book DescriptionRecent 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.
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Book DetailsISBN: 9780199258574
(241mm x 164mm x 27mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 20-Mar-2003
Country of Publication: United Kingdom
Books By Author Yuval Shany
Assessing the Effectiveness of International Courts, Paperback (August 2016)
During the last twenty years the world has experienced a sharp rise in the number of international courts and tribunals and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness and a critical evaluation of the quality of their performance.
Questions of Jurisdiction and Admissibility Before International Courts, Hardback (December 2015)
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Oxford Handbook of International Adjudication, Paperback (November 2015)
This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.
Multi-Sourced Equivalent Norms in International Law, Hardback (March 2011)» View all books by Yuval Shany
This book explores the importance of legal contexts and institutional settings to international law-interpretation and application.
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Author Biography - Yuval Shany
Yuval Shany is lecturer at the College of Management, Academic Studies Division, Israel
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