On the Need to Regulate Competing Jurisdictions between International Courts and Tribunals
Title: On the Need to Regulate Competing Jurisdictions between International Courts and Tribunals
Author: LAVRANOS, Nikolaos
Series/Report no.: EUI MWP; 2009/14
Competing jurisdiction is a relatively new but increasingly important phenomenon in international law. The ongoing proliferation of international courts and tribunals results in a multiplication of judgments and arbitral awards, which potentially conflict with each other. The case studies examined in this working paper illustrate the methods applied by various courts and tribunals to deal with competing jurisdictions. Since any formal hierarchy or coordination between the various international courts and tribunals is lacking, only soft law methods, such as the application of comity, in particular, the Solange method, appears to be a useful tool to deal with the negative effects associated with competing jurisdictions.
Subject: Competing jurisdictions; international courts and tribunals; fragmentation of international law; institutionalisation of international law; proliferation of international courts and tribunals; comity; Solange method; judicial dialogue
Type of Access: openAccess
Files in this item
Showing items related by title, author, creator and subject.
Title:Military necessity in international cultural heritage law : lessons learned from international humanitarian law, international criminal law and international environmental law Author(s):DRAZEWSKA, BerenikaDate:2016Citation:Florence : European University Institute, 2016Type of Publication:ThesisSeries/Report no.:EUI PhD theses; Department of LawAbstract:It is now universally accepted that during armed conflicts, cultural property is entitled to a special status, which translates, inter alia, into a ban on its use for military purposes and a prohibition of acts of hostility ...
Title:Justice in International Economic Law? From the ‘International Law among States’ to ‘International Integration law’ and ‘Constitutional Law’ Author(s):PETERSMANN, Ernst-UlrichDate:2006Type of Publication:Working PaperSeries/Report no.:EUI LAW; 2006/46Abstract:The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes “in conformity with the principles of justice and international law.” This contribution ...
Title:International Reservation of Title Clauses : A study of Dutch, French, and German private international law in the light of European law Author(s):RUTGERS, Jacobien W.Date:1999Citation:The Hague/Cambridge, T.M.C. Asser Press/Kluwer Law International, 1999Type of Publication:BookAbstract:The rules of substantive law relating to the reservation of title clause differ from country to country. This book addresses problems which may arise if a reservation of title clause is employed within international ...