Categorizing Vertical and Horizontal Jurisdictional Interactions
This chapter reviews the relations between national and international courts under a number of institutional and jurisdictional settings created by a number of treaty regimes (e.g., ICC, ECHR, NAFTA, EC, and the New York Convention on Recognition and Enforcement of Foreign Awards) and illustrated in respect of specific disputes: the Consular notification cases involving the ICJ and U.S. court, the Separation Barrier cases involving the ICJ and Israeli courts, review of national trade-related determinations before national and international courts, prompt release of vessel cases brought before ITLOS and national courts, and investment disputes (including early cases relating to application of the Calvo Clause and more recent ICSID cases). The survey suggests inconsistency in the manner in which relations between national and international courts are being regulated across legal regimes and, at times, within the same legal regime.
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