The Competing Jurisdictions of International Courts and Tribunals

Yuval Shany*

*Corresponding author for this work

Research output: Book/ReportBookpeer-review

157 Scopus citations

Abstract

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.

Original languageAmerican English
PublisherOxford University Press
Number of pages420
ISBN (Electronic)9780191718090
ISBN (Print)9780199274284
DOIs
StatePublished - 1 Jan 2010
Externally publishedYes

Bibliographical note

Publisher Copyright:
© Y. Shany 2003. All rights reserved.

Keywords

  • Forum shopping
  • Icc
  • Inter-jurisdictional competition
  • Itlos
  • Jurisdictional competition
  • Multiple proceedings
  • Nafta
  • Unity
  • Wto

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