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Book Cover
Book
Author Shany, Yuval.

Title Regulating jurisdictional relations between national and international courts / Yuval Shany
Published Oxford ; New York : Oxford University Press, 2007

Copies

Location Call no. Vol. Availability
 MELB  KC 1212 Sha/Rjr  AVAILABLE
Description xxxvi, 216 pages ; 24 cm
Series International courts and tribunals series
International courts and tribunals series.
Contents Categorizing vertical and horizontal jurisdictional interactions -- Conceptualizing the relations between national and international courts -- The fragmentation of international law -- The feasibility of regulation : do national and international proceedings overlap? -- Application of jurisdictional-regulating norms -- Flexible jurisdiction-regulating rules
Summary "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-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."
"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 (eg, 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."--BOOK JACKET
Notes "This series has been developed in cooperation with the Project on International Courts and Tribunals."
Bibliography Includes bibliographical references (pages [201]-212) and index
Notes English
Description based on print version record
Subject Conflict of laws -- Jurisdiction.
Courts.
Judicial assistance.
Jurisdiction (International law)
Author Project on International Courts and Tribunals.
LC no. 2007020097
ISBN 0199211795
9780199211791
ABBREV TI REGULATING JURISDICTIONAL RELATIONS BETWEEN NATIONAL & INTERNATIONAL COURTS