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Details
Innovative theoretical discussion of interactions between international and national jurisdiction offering important insights on current judicial policy
The book presents an operational 'tool box' of jurisdiction regulating measures, which practitioners can apply in litigation
Gives many examples of litigation casestudies, making the book a useful practitioner reference work
This book seeks to investigate the growing jurisdictional interaction between national and international courts ie: their parallel involvement in the same or related disputes in the light of competing theoretical, ideological and methodological discourses on the nature of the relationship and the means to regulate it. In particular, it aims to explore what, if any, rules of international law could, or perhaps should govern such interactions, and regulate forum selection or multiple proceedings involving national and international courts. In addition, the book explores the standards of review employed by international courts vis-à-vis the decisions of their domestic counterparts and vice versa. It posits that the regulation of such interactions ultimately depends on the selection of the overarching paradigm that governs the relations between national and international courts (hierarchical as opposed to non-hierarchical and disintegrative or integrative conceptual frameworks).
Following academic discussion of the problems and solutions pertaining to the interaction between national and international courts, the book considers the potential applicability of several jurisdiction-regulating measures to jurisdictional interactions between national and international courts. These include rules on forum selection and rules designed to regulate multiple proceedings (e.g. lis alibi pendens and res judicata), utilization of comity- based measures and doctrines, such as discretionary stay or dismissal of proceedings and margin of appreciation judicial review, and examination of the prohibition against abuse of rights. This segment of the book strives to provide lawyers and academics with a 'tool kit' of measures which could be employed in cases involving jurisdictional interactions between national and international courts.
Readership: Academics, scholars, and advanced students of international law and the interaction between national and international law
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Introduction: The Recent Upsurge in Unregulated Interaction between National and International Courts
I: Doctrinal Implications of Increased Jurisdictionsla Interaction
II: The Internationalization of the National
III: The Need for Regulation
IV Structure of the Treatise and Research Methodology :
Part I: COMPETING PARADIGMA FOR DELINEATING THE RELATIONS BETWEEN NATIONAL AND INTERNATIONAL COURTS
1.1: Stating the Obvious: Regulated Interactions between National and International Courts
1.2: uncharted Territory: Unregulated Interactions between National and Internationsl Courts
2: Conceptualizingy the Relations between National and International Courts
2.1: Tradtional Objections to Regulation: Dualism and Hierarchy
2.2: Alternative Relationaship Theories
Conclusions
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Yuval Shany, Hersch Lauterpacht Chair in Public International Law, Faculty of Law, Hebrew University of Jerusalem
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"The plethora of issues arising from the discussion of the themes tackled in this book cannot but further demonstrate its value: we are likely to face and to study similar matters repeatedly, and this book surely provides us with the rights theoretical framework and the suitable set of practical information and precedents which will definitely be of use to us in finding our way in these 'unchartered' lands." - Fillippo Fontanelli, Panoptica Revista Academia Direito
"This book paves the way for a new branch of studies of law devoted to the relationship between courts in multilevel systems, many subjects of which are still relatively understudied and deserve a new and more systematic analysis." - Filippo Fontanelli, NYU, EJIL 20
