Regulating Jurisdictional Relations Between National and International Courts
Author | : Yuval Shany |
Publisher | : OUP Oxford |
Total Pages | : 256 |
Release | : 2007-08-16 |
ISBN-10 | : 0199211795 |
ISBN-13 | : 9780199211791 |
Rating | : 4/5 (95 Downloads) |
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.