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
Introduction
I: Doctrinal Implications of Increased Jurisdictional Interaction
II: The Internationalization of the National
III: The Need for Regulation
IV Structure of the Treatise and Research Methodology :
Part I: COMPETING PARADIGMS FOR DELINEATING THE RELATIONS BETWEEN NATIONAL AND INTERNATIONAL COURTS
1: Categorizing Vertical and Horizontal Jurisdictional Interaction
1.1: Stating the Obvious: Regulated Interactions between National and International Courts
1.2: Uncharted Territory: Unregulated Interactions between National and International Courts
2: Conceptualizing the Relations between National and International Courts
2.1: Tradtional Objections to Regulation: Dualism and Hierarchy
2.2: Alternative Relationship Theories
3: The Fragmentation of International Law
3.1: Fragmentation and Jurisdictional Interaction
3.2: Disintegrationism and Integrationism in Practice
3.3: Analogies to the National/International Relationship
II: REGULATING RELATIONS BETWEEN NATIONAL AND INTERNATIONAL COURTS
4: The Feasibility of Regulation: Do National and International Proceedings Overlap?
4.1: Non-Hierarchical Context
4.2: Applicability of International Jurisdiction-regulating Rules
4.3: Conditions of Jurisdictional Competition
4.4: Interim Conclusions
5: Application of Jurisdictional-regulating Norms
5.1: Choice of Forum Rules
5.2: Multiple Proceedings
5.3: Interim Conclusions
6: Flexible Jurisdiction-regulating Rules
6.1: Comity
6.2: Abus de droit
6.3: Interim Conclusions
Conclusions
Yuval Shany, Hersch Lauterpacht Chair in Public International Law, Faculty of Law, Hebrew University of Jerusalem
"I find the book's discussion continuously instructive and clear and the arguments often brilliant" - Pavlos Eleftheriadis, Transnational Legal Theory
