Download or read book The Competing Jurisdictions of International Courts and Tribunals written by Yuval Shany and published by Oxford University Press on Demand. This book was released on 2004 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Jurisdictional Competition written by Nikolaos Lavranos and published by Europa Law Publishing. This book was released on 2009 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Competing Jurisdictions of the WTO and the UNCLOS Dispute Settlement Fora in the Context of Multifaceted Disputes written by Elena Ivanova and published by Nomos Verlag. This book was released on 2021-05-19 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competing Jurisdictions written by Sandra Evers and published by BRILL. This book was released on 2005 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references.
Download or read book Competing Jurisdictions of International Courts and Tribunals written by Yuval Shany and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Competition Jurisdictions written by Richard Whish and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Download or read book Competition Laws in Conflict written by Richard Allen Epstein and published by American Enterprise Institute. This book was released on 2004 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Economic Characteristics of Developing Jurisdictions written by Michal S. Gal and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book On the Need to Regulate Competing Jurisdictions Between International Courts and Tribunals written by Nikolaos Lavranos and published by . This book was released on 2009 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Competition Litigation written by Gordon Blanke and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Jurisdiction and Judgments in Relation to EU Competition Law Claims written by Mihail Danov and published by Bloomsbury Publishing. This book was released on 2010-12-09 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out the way that, through enhanced private antitrust enforcement reform, private international law has a pivotal role in EU competition law disputes with an international element. The author offers a thorough analysis of the post-2003 policy of the EU favouring private law enforcement of EU competition law and its implementation under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The book also considers how the jurisdiction, recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. The complex private international law problems in respect of cross-border class actions that have arisen in several countries, as well as judgments in relation to antitrust infringements, are also discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EU competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly. This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book The Design of Competition Law Institutions written by Eleanor M Fox and published by Oxford University Press. This book was released on 2013 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence from international institutions. Studying the procedures used by competition institutions (dealing with specific cases concerning monopolies, mergers, anti-competitive practices) this volumes uses a template to study practices of many national institutions and the EU, and examines the interactions among these and with prescriptions of influential international bodies. Together these form a web, with existing procedural rules and practices in a particular institution criticized and alternatives championed and transmitted partly by prescription and partly by arguments of major global law firms, of global corporations, and of consultants dispatched by the ICN and other agencies. This whole process, examined for the first time in this book, is the real global governance of the procedural law and practices of market supervision under competition rules. Delving deeply into their jurisdictions and internationally, the contributors illuminate the inner workings of the systems and expose the procedure, process, and performance norms embedded within. Case studies are drawn from Australia, Canada, Chile, China, Japan, South Africa, the USA, and the EU, as well as four leading international institutions involved in antitrust, the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network. The results reveal a convergence of these norms across the very different systems, a procedural norms convergence that offers a necessary counterpart to studies on substantive rule convergence. These results provide benchmarks for the field, suggest possibilities for future development, and offer lessons for all interested in competition law and global governance.
Download or read book Public Sector Entrepreneurship and the Integration of Innovative Business Models written by Lewandowski, Mateusz and published by IGI Global. This book was released on 2017-01-05 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: While private, for-profit businesses have typically been the most experienced with entrepreneurship, the study of public sector business models is coming to the forefront of entrepreneurial discussions. This shift has allowed researchers and practitioners to expand on their knowledge of positive business choices and paved the way for more profitable business empires. Public Sector Entrepreneurship and the Integration of Innovative Business Models is a comprehensive source of academic research that discusses the latest entrepreneurial strategies, achievements, and challenges in public sector contexts. Highlighting relevant topics such as public management, crowdsourcing, municipal cooperation, and public sector marketing, this is an ideal resource for managers, practitioners, researchers, and professionals interested in learning more about public sector business ideals, and how these models are shaping positive entrepreneurial communities around the world.
Download or read book Jurisdictional Competition between National and International Courts written by Yuval Shany and published by . This book was released on 2016 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of recent decisions issued by the International Centre for the Settlement of Investment Disputes (ICSID), which address jurisdictional interactions between national and international proceedings, have sparked renewed interest in the possibility of identifying jurisdictional overlaps between the two groups of judicial bodies. Arguably, these ICSID cases are indicative of a broader tendency to reassess these relationships, which also takes place in other areas of international law, such as human rights law, criminal law and law of the sea. The article explores whether the jurisdictional relations between national and international courts can conceivably qualify as 'competing' or 'overlapping jurisdictions' - i.e., jurisdictions that have the potential of addressing, in parallel, the same disputes (involving the same parties and the same issues), under the existing definitions of jurisdictional competition or overlap. Furthermore, it seeks to examine what jurisdiction-regulating rules and principles, if any, could be applied to such a putative set of jurisdictional relations.
Download or read book Declining Jurisdiction in Private International Law written by J. J. Fawcett and published by Oxford University Press. This book was released on 1995 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of declining jurisdiction in private international law is one of enormous practical importance and academic interest. It is also a topic where a comparative approach is particularly revealing. This book contains the 17 national reports and the general report on the subject of`Rules for declining to exercise jurisdiction: Forum Non Conveniens, Lis Pendens'. The Reports were held in Athens/Delphi in August 1994. The list of nations for which a report has been prepared is as follows: Argentina, Brazil, Canada, Quebec, Finland, France, Germany, Great Britain, Greece,Israel, Italy, Japan, The Netherlands, New Zealand, Sweden, Switzerland, and USA.This book by bringing together all the reports on `Declining Jurisdiction' provides a unique insight into this topic, and, dealing as it does with a key aspect of private international law, fits very well into the Oxford series of monographs on private international law.
Download or read book Jurisdiction and Forum Selection in International Maritime Law written by Robert Force and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forum selection is typically the most crucial issue in a transnational case. Nowhere is this truer than in maritime law, where forum selection is the first and sometimes the only point of engagement in international maritime litigation. In this important collection of essays, ten outstanding maritime law scholars from eight countries analyze the complex theoretical and practical issues surrounding forum selection in maritime cases. Among the topics discussed are the following: injunctions; forum shopping for limitation of liability; forum non conveniens; effect of forum selection clauses; loss or damage to goods; the in personam link; and, recognition of foreign liens. The book stems from a symposium held at Tulane University in 2004 to honor the 70th birthday of Robert Force, the influential and respected scholar who founded the renowned Tulane Maritime Law Center. As befits such a festschrift, the book opens with a detailed analysis and overview of forum selection clauses, written by Professor Force and his Tulane colleague Martin Davies. This is followed by thought-provoking essays on comparative issues, procedural theory, competing jurisdictions, jurisdictional clauses, EC law, and other matters, and by insightful and knowledgeable reports on specific issues related to China and South Africa. At a moment in history when geopolitical trends and globalization of trade are rapidly growing and changing, maritime lawyers and the various agencies and commissions that sustain this vitally important branch of international legal practice will greatly appreciate this remarkable book.
Download or read book Regulating Jurisdictional Relations Between National and International Courts written by Yuval Shany and published by OUP Oxford. This book was released on 2007-08-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
