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The Competing Jurisdictions of International Courts and Tribunals
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The Competing Jurisdictions of International Courts and Tribunals

Yuval Shany

Abstract

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 coordinat ... More

Keywords: WTO, NAFTA, ITLOS, ICC, unity, jurisdictional competition, forum shopping, multiple proceedings, inter-jurisdictional competition

Bibliographic Information

Print publication date: 2004 Print ISBN-13: 9780199274284
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780199274284.001.0001

Authors

Affiliations are at time of print publication.

Yuval Shany, author
Lecturer, College of Management - Academic Studies Division, Israel
Author Webpage