Flexible Jurisdiction-regulating Rules
This chapter discusses the application of two general principles that may regulate the jurisdictional relations of national and international courts: comity and abuse of right (abus de droit). It explains the policy rationales underlying both principles, the legal basis for applying them, and the promise of overcoming conceptual hurdles which their inherent flexibility provides. It then explores a series of procedural contexts in which they may be applied — stay of proceedings designed to facilitate cross-fertilization between one set of proceedings and more advanced or suitable parallel proceedings, considering the effects of past decisions on similar or related matters, deferential review of previous decisions, providing other courts involved in the litigation process with discretion in implementing judicial decisionsm, and addressing different forms of misconduct by the parties.
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