Regulating Jurisdictional Relations Between National and International Courts

Paperback | February 26, 2009

byYuval Shany

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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 andthe 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 ofreview employed by international courts vis-a-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, andexamination 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.

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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 andthe means to regulate it. In particular, it ...

Yuval Shany serves since 2005 as a Senior Lecturer, at the Hebrew University Faculty of Law (and since 2006, he is also the Academic Director of the Minerva Center for Human Rights at the Hebrew University). His education comprises of an LL.B. cum laude from the Hebrew University 1995; an LL.M. in International Legal Studies from New ...
Format:PaperbackDimensions:230 pages, 9.21 × 6.14 × 0.01 inPublished:February 26, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199563853

ISBN - 13:9780199563852

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Table of Contents

Introduction: The Recent Upsurge in Unregulated Interaction between National and International CourtsI. Doctrinal Implications of Increased Jurisdictionsla InteractionII. The Internationalization of the NationalIII. The Need for RegulationIV Structure of the Treatise and Research Methodology . Part I: COMPETING PARADIGMA FOR DELINEATING THE RELATIONS BETWEEN NATIONAL AND INTERNATIONAL COURTS1.1. Stating the Obvious: Regulated Interactions between National and International Courts1.2. uncharted Territory: Unregulated Interactions between National and Internationsl Courts2. Conceptualizingy the Relations between National and International Courts2.1. Tradtional Objections to Regulation: Dualism and Hierarchy2.2. Alternative Relationaship TheoriesConclusions