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Books > Law > International law > Settlement of international disputes > International courts & procedures
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Regulating Jurisdictional Relations Between National and International Courts (Hardcover, New)
Loot Price: R4,069
Discovery Miles 40 690
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Regulating Jurisdictional Relations Between National and International Courts (Hardcover, New)
Series: International Courts and Tribunals Series
Expected to ship within 10 - 15 working days
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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 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 (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.
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