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Author: Yuval Shany Publisher: Oxford University Press on Demand ISBN: 9780199274284 Category : Law Languages : en Pages : 348
Book Description
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 coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.
Author: Yuval Shany Publisher: Oxford University Press on Demand ISBN: 9780199274284 Category : Law Languages : en Pages : 348
Book Description
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 coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.
Author: Nikolaos Lavranos Publisher: Europa Law Publishing ISBN: 9789089520678 Category : Law Languages : en Pages : 128
Book Description
Jurisdictional competition is a relatively new, but increasingly important, phenomenon in European and international law. The ongoing proliferation of various international courts and tribunals results in a multiplication of judgments and arbitral awards, which potentially conflict with each other. Moreover, the ever expanding exclusive jurisdiction of the European Court of Justice into international law issues further exacerbates and complicates the problem by mixing European law principles into international law. The selected cases examined in this book, which cover different areas of international and European law, illustrate the methods applied by various international courts and tribunals to deal with overlapping jurisdictions. Since any formal hierarchy or coordination between the various international courts and tribunals is lacking, it is argued that 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 jurisdictional competition.
Author: Elena Ivanova Publisher: Nomos Verlag ISBN: 374892142X Category : Law Languages : en Pages : 714
Book Description
Die Arbeit untersucht die Interaktion zwischen den Streitbeilegungsmechanismen, die im Rahmen des SRÜ und des WTO-Abkommens eingerichtet wurden. Sie erforscht zugleich die Herausforderungen, die Streitigkeiten für internationale Gerichte mit begrenzter Zuständigkeit darstellen. Aus Sicht des WTO-Vertrages und des SRÜ gibt die Arbeit konkrete Antworten auf folgende Fragen: Inwieweit können die genannten Entscheidungsgremien angesichts ihrer begrenzten Zuständigkeit auf andere Regeln des Völkerrechts verweisen? Welche Auswirkungen haben die Äußerungen der Gerichte in Bezug auf den WTO-Vertrag und umgekehrt? Wie sollten Gerichte an Streitigkeiten herangehen, die sowohl WTO-Recht als auch Seerecht betreffen? Wie ist ihr Zusammenspiel geregelt? Die Arbeit bietet Lösungen für vielschichtige Streitigkeiten und trägt damit zur Diskussion über das internationale Verfahrensrecht und das Zusammenspiel von Verträgen und Streitbeilegungsmechanismen bei.
Author: Richard Whish Publisher: Edward Elgar Publishing ISBN: 0857939521 Category : Law Languages : en Pages : 369
Book Description
'The most thoughtful collection available of insights into the challenges facing new competition jurisdictions. Whish and Townley have brought together experts on approaches global, comparative and local, combined with fresh inter-disciplinary insights. By combining law, economics and political economy, what emerges are pointed commentaries, and a rich source of principles and pragmatism. This book will guide the creators and enforcers of new competition law regimes.' – Philip Marsden, Director, British Institute of International and Comparative Law, and OFT Board Member 'This is a wonderful volume filled with good ideas. It evolves from the Sixth Conference of ASCOLA, the world association of competition law professors, which asked a group of young scholars how new competition law systems can be made more effective, and challenged the conference participants to interrogate the ideas. the resulting book is an admirable collection of insightful papers and commentary. For all who are interested in advancing younger competition law systems and their supporting academic communities, this volume must be read.' – Eleanor Fox, New York University School of Law, US This book focuses on the problems faced by newly-established competition authorities, and on shaping policies and building institutions in those jurisdictions. In particular four key issues encountered by new competition jurisdictions are considered, namely: the challenges and obstacles to adopting competition laws; institutional challenges and choices, with a specific focus on deterrence; the global perspective, with a specific focus on mergers; and a discussion of how to help young academics in new jurisdictions. Theoretical analysis is informed by practice throughout, and in particular by those considered to be at the cutting edge, either working in new competition authorities or from specialists advising them on a daily basis (such as those in the OECD and UNCTAD). New Competition Jurisdictions will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.
Author: Richard Allen Epstein Publisher: American Enterprise Institute ISBN: 9780844742014 Category : Business & Economics Languages : en Pages : 428
Book Description
Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.
Author: Michal S. Gal Publisher: Edward Elgar Publishing ISBN: 1783471506 Category : Law Languages : en Pages : 421
Book Description
There is ongoing debate as to what competition law and policy is most suitable for developing jurisdictions. This book argues that the unique characteristics of developing jurisdictions matter when crafting and enforcing competition law and these shoul
Author: Gordon Blanke Publisher: Kluwer Law International B.V. ISBN: 9041146938 Category : Law Languages : en Pages : 1188
Book Description
Competition litigation has become a major area of practice and almost invariably involves more than one, and often several jurisdictions. Moreover, arbitration and other dispute resolution mechanisms alternative to litigation (ADR) are becoming increasingly important in competition law. This book examines all the relevant aspects of litigation, arbitration and ADR in a number of jurisdictions around the world to provide a thorough and exhaustive guide for practitioners based on the analysis of the policies and principles that underpin the law. The authors and editors are leading practitioners, academics and competition officials in their own jurisdictions and world-wide and bring together unrivalled expertise and practical insights which will be useful in planning and managing multi-jurisdictional competition disputes.
Author: Yuval Shany
Author: Yuval Shany
Author: Nikolaos Lavranos
Author: Elena Ivanova
Author: Yuval Shany
Author: Sandra Evers
Author: Richard Whish
Author: Richard Allen Epstein
Author: Michal S. Gal
Author: Nikolaos Lavranos
Author: Gordon Blanke