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The Competing Jurisdictions of International Courts and Tribunals (Paperback, New ed)
Loot Price: R1,699
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The Competing Jurisdictions of International Courts and Tribunals (Paperback, New ed)
Series: International Courts and Tribunals
Expected to ship within 12 - 17 working days
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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.
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