Regulating Jurisdictional Relations Between National and International Courts |
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| Author:
| Shany, Yuval |
| Series title: | International Courts and Tribunals Ser. |
| ISBN: | 978-0-19-956385-2 |
| Publication Date: | May 2009 |
| Publisher: | Oxford University Press, Incorporated
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| Book Format: | Paperback |
| List Price: | USD $89.00 |
Book Description:
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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 explores what, if any, rules of international law could, or perhaps should govern such interactions, and regulates forum selection or multiple...
More DescriptionThis 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 explores what, if any, rules of international law could, or perhaps should govern such interactions, and regulates forum selection or multiple proceedings involving national and international courts. In addition, the book explores the standards of review employed by international courts vis-à-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).