Competing Jurisdictions
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The Competing Jurisdictions Of International Courts And Tribunals
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Author : Yuval Shany
language : en
Publisher: Oxford University Press on Demand
Release Date : 2004
The Competing Jurisdictions Of International Courts And Tribunals written by Yuval Shany and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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.
The Competing Jurisdictions Of The Wto And The Unclos Dispute Settlement Fora In The Context Of Multifaceted Disputes
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Author : Elena Ivanova
language : en
Publisher: Nomos Verlag
Release Date : 2021-05-19
The Competing Jurisdictions Of The Wto And The Unclos Dispute Settlement Fora In The Context Of Multifaceted Disputes written by Elena Ivanova and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-19 with Law categories.
Die Arbeit untersucht die Interaktion zwischen den Streitbeilegungsmechanismen, die im Rahmen des SRÜ und des WTO-Abkommens eingerichtet wurden. Sie erforscht zugleich die Herausforderungen, die Streitigkeiten für internationale Gerichte mit begrenzter Zuständigkeit darstellen. Aus Sicht des WTO-Vertrages und des SRÜ gibt die Arbeit konkrete Antworten auf folgende Fragen: Inwieweit können die genannten Entscheidungsgremien angesichts ihrer begrenzten Zuständigkeit auf andere Regeln des Völkerrechts verweisen? Welche Auswirkungen haben die Äußerungen der Gerichte in Bezug auf den WTO-Vertrag und umgekehrt? Wie sollten Gerichte an Streitigkeiten herangehen, die sowohl WTO-Recht als auch Seerecht betreffen? Wie ist ihr Zusammenspiel geregelt? Die Arbeit bietet Lösungen für vielschichtige Streitigkeiten und trägt damit zur Diskussion über das internationale Verfahrensrecht und das Zusammenspiel von Verträgen und Streitbeilegungsmechanismen bei.
Competing Jurisdictions
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Author : Sandra Evers
language : en
Publisher: BRILL
Release Date : 2005
Competing Jurisdictions written by Sandra Evers and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Social Science categories.
Includes bibliographical references.
On The Need To Regulate Competing Jurisdictions Between International Courts And Tribunals
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Author : Nikolaos Lavranos
language : en
Publisher:
Release Date : 2009
On The Need To Regulate Competing Jurisdictions Between International Courts And Tribunals written by Nikolaos Lavranos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with International courts categories.
Jurisdictional Competition
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Author : Nikolaos Lavranos
language : en
Publisher: Europa Law Publishing
Release Date : 2009
Jurisdictional Competition written by Nikolaos Lavranos and has been published by Europa Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Jurisdictional competition is a relatively new, but increasingly important, phenomenon in European and international law. The ongoing proliferation of various international courts and tribunals results in a multiplication of judgments and arbitral awards, which potentially conflict with each other. Moreover, the ever expanding exclusive jurisdiction of the European Court of Justice into international law issues further exacerbates and complicates the problem by mixing European law principles into international law. The selected cases examined in this book, which cover different areas of international and European law, illustrate the methods applied by various international courts and tribunals to deal with overlapping jurisdictions. Since any formal hierarchy or coordination between the various international courts and tribunals is lacking, it is argued that only soft law methods, such as the application of comity, in particular the Solange-method, appears to be a useful tool to deal with the negative effects associated with jurisdictional competition.
The Economic Characteristics Of Developing Jurisdictions
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Author : Michal S. Gal
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-06-29
The Economic Characteristics Of Developing Jurisdictions written by Michal S. Gal and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-29 with Law categories.
There is ongoing debate as to what competition law and policy is most suitable for developing jurisdictions. This book argues that the unique characteristics of developing jurisdictions matter when crafting and enforcing competition law and these shoul
New Competition Jurisdictions
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Author : Richard Whish
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
New Competition Jurisdictions written by Richard Whish and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
'The most thoughtful collection available of insights into the challenges facing new competition jurisdictions. Whish and Townley have brought together experts on approaches global, comparative and local, combined with fresh inter-disciplinary insights. By combining law, economics and political economy, what emerges are pointed commentaries, and a rich source of principles and pragmatism. This book will guide the creators and enforcers of new competition law regimes.' – Philip Marsden, Director, British Institute of International and Comparative Law, and OFT Board Member 'This is a wonderful volume filled with good ideas. It evolves from the Sixth Conference of ASCOLA, the world association of competition law professors, which asked a group of young scholars how new competition law systems can be made more effective, and challenged the conference participants to interrogate the ideas. the resulting book is an admirable collection of insightful papers and commentary. For all who are interested in advancing younger competition law systems and their supporting academic communities, this volume must be read.' – Eleanor Fox, New York University School of Law, US This book focuses on the problems faced by newly-established competition authorities, and on shaping policies and building institutions in those jurisdictions. In particular four key issues encountered by new competition jurisdictions are considered, namely: the challenges and obstacles to adopting competition laws; institutional challenges and choices, with a specific focus on deterrence; the global perspective, with a specific focus on mergers; and a discussion of how to help young academics in new jurisdictions. Theoretical analysis is informed by practice throughout, and in particular by those considered to be at the cutting edge, either working in new competition authorities or from specialists advising them on a daily basis (such as those in the OECD and UNCTAD). New Competition Jurisdictions will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.
International Competition Litigation
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Author : Gordon Blanke
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-08-01
International Competition Litigation written by Gordon Blanke and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-01 with Law categories.
Competition litigation has become a major area of practice and almost invariably involves more than one, and often several jurisdictions. Moreover, arbitration and other dispute resolution mechanisms alternative to litigation (ADR) are becoming increasingly important in competition law. This book examines all the relevant aspects of litigation, arbitration and ADR in a number of jurisdictions around the world to provide a thorough and exhaustive guide for practitioners based on the analysis of the policies and principles that underpin the law. The authors and editors are leading practitioners, academics and competition officials in their own jurisdictions and world-wide and bring together unrivalled expertise and practical insights which will be useful in planning and managing multi-jurisdictional competition disputes.
Jurisdiction And Forum Selection In International Maritime Law
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Author : Robert Force
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Jurisdiction And Forum Selection In International Maritime Law written by Robert Force and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
Forum selection is typically the most crucial issue in a transnational case. Nowhere is this truer than in maritime law, where forum selection is the first and sometimes the only point of engagement in international maritime litigation. In this important collection of essays, ten outstanding maritime law scholars from eight countries analyze the complex theoretical and practical issues surrounding forum selection in maritime cases. Among the topics discussed are the following: injunctions; forum shopping for limitation of liability; forum non conveniens; effect of forum selection clauses; loss or damage to goods; the in personam link; and, recognition of foreign liens. The book stems from a symposium held at Tulane University in 2004 to honor the 70th birthday of Robert Force, the influential and respected scholar who founded the renowned Tulane Maritime Law Center. As befits such a festschrift, the book opens with a detailed analysis and overview of forum selection clauses, written by Professor Force and his Tulane colleague Martin Davies. This is followed by thought-provoking essays on comparative issues, procedural theory, competing jurisdictions, jurisdictional clauses, EC law, and other matters, and by insightful and knowledgeable reports on specific issues related to China and South Africa. At a moment in history when geopolitical trends and globalization of trade are rapidly growing and changing, maritime lawyers and the various agencies and commissions that sustain this vitally important branch of international legal practice will greatly appreciate this remarkable book.
Competition In The Provision Of Local Public Goods
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Author : Alexandra Petermann Reifschneider
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01
Competition In The Provision Of Local Public Goods written by Alexandra Petermann Reifschneider and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Political Science categories.
. . . fascinating and thought provoking. Jan-Erik Lane, Public Management Review The central purpose of this book is to analyse the optimal allocation of local public goods or services (for example garbage collection, police, fire brigades and medical services) in large urban agglomerations and the allocation consequences of increasing competition in the provision of them. Competition in the Provision of Local Public Goods uses two innovative aspects present in the concept of Functional Overlapping Competing Jurisdictions, which are de-localized membership and uni-functionality of jurisdictions. The book analyses the effect of these two aspects on competition among jurisdictions and the impact this probable increase in competition may have on the achievement of the optimal allocation of local public goods. The primary audience for this work is academics and researchers in the fields of urban and regional economics, location theory and public policy. An important secondary audience will be scholars of industrial organization, who can use the framework developed here for analyzing other problems related with the location of individuals in space.