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: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:Sentencing in International Criminal Law: The approach of the two UN ad hoc Tribunals and future perspectives for the International Criminal Court Author(s):D'ASCOLI, SilviaDate:2008Citation:Florence, European University Institute, 2008Type of Publication:ThesisSeries/Report no.:EUI PhD theses; Department of LawAbstract:My thesis focuses on the topic of sentencing in international criminal law. The title - Sentencing in International Criminal Law: The Approach of the two UN ad hoc Tribunals and future perspectives for the International ...
Title:External Relations of the EU and the Member States: Competence, Mixed Agreements, International Responsibility, and Effects of International Law Author(s):CREMONA, MariseDate:2006Type of Publication:Working PaperSeries/Report no.:EUI LAW; 2006/22Abstract:The following Report will be presented to the 22nd FIDE Congress to be held in Limassol, Cyprus, 1-4 November 2006. It has been prepared in response to a questionnaire devised by the General Rapporteur, Professor Piet ...