Recent years have witnessed a sharp increase in the number of international courts and tribunals (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 coordination 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.
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.
`...Encyclopedic in scope... imaginative and provocative in its conceptual approach. With its careful reconsideration of first principles of the international legal system, on the one hand, and its practical analysis of competition-regulating principles derived from domestic and international law, on the other, it constitutes a definitive contribution to international legal scholarship on this subject of emerging importance.
American Society of International Law, 2004
`a significant contribution...Yuval Shany's book offers an excellent exposition of how these issues have been dealt with by a wide range of international courts and tribunals. In making proposals to mitigate the problem of jurisdictional competition, his work is valuable both as a practical tool for those faced with such dilemmas, and also as an aid to better theoretical understanding of the emerging international juridical system.'
Chester Brown, European Journal of International Law
`Yuval Shany's book is an original, useful and timely response to the recent academic need to examine the phenomenon of competing jurisdictions in international law. It will undoubtedly retain its importance and significance in the foreseeable future.'
The Cambridge Law Journal
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
Table of Authorities
Series: International Courts and Tribunals Series
Number Of Pages: 424
Published: 1st October 2004
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24
Weight (kg): 0.65