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The Competing Jurisdictions of International Courts and Tribunals

Yuval Shany

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.001.0001
Subject:
Law, Public International Law

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 ... More


The United States

Ronald A. Brand and Scott R. Jablonski

in Forum Non Conveniens: History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195329278
eISBN:
9780199855346
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329278.003.0003
Subject:
Law, Private International Law

This chapter details the history of the development of the doctrine of forum non conveniens in the United States, demonstrating an early inclination to allow judicial discretion to decline ... More


Application of Jurisdictional-regulating Norms

Yuval Shany

in Regulating Jurisdictional Relations Between National and International Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211791
eISBN:
9780191706035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211791.003.0006
Subject:
Law, Public International Law

This chapter discusses the application of forum-selection and multiple proceeding regulating norms to interactions between national and international courts. It begins with a review of forum ... More


Deliberation or Bargaining? Distributive Conflict and the Fragmented International Regime Complex

Mark A. Pollack and Gregory C. Shaffer

in When Cooperation Fails: The International Law and Politics of Genetically Modified Foods

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199237289
eISBN:
9780191696732
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237289.003.0004
Subject:
Political Science, International Relations and Politics

This chapter is organized into three parts. The first provides the theoretical background to multilateral cooperation in biotech regulation, noting the purported benefits provided by multilateral ... More


Hedge Fund Forum Shopping

Douglas Cumming, Na Dai, and Sofia A. Johan

in Hedge Fund Structure, Regulation, and Performance around the World

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199862566
eISBN:
9780199332762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199862566.003.0005
Subject:
Economics and Finance, Financial Economics

By analyzing data from 1845 funds registered in twenty-four countries, evidence of forum shopping in a “race to the bottom” due to international differences in hedge fund regulation and fund ... More


Understanding the Practice of Treaty Shopping

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0002
Subject:
Law, Public International Law

Under the heading of Part I of the book, Chapter 1 lays the groundwork for the legal and policy discussions following in later chapters. The notion of ‘treaty shopping’—or corporate ... More


Extending the Argument: Libya and Operation United Protector

David P. Auerswald and Stephen M. Saideman

in NATO in Afghanistan: Fighting Together, Fighting Alone

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159386
eISBN:
9781400848676
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159386.003.0008
Subject:
Political Science, International Relations and Politics

This chapter explores the 2011 intervention in Libya, a conflict begun as a coalition of the willing that later evolved into a NATO intervention. Many of the same dynamics appeared in Libya as ... More


Implications for Policy and Theory

David P. Auerswald and Stephen M. Saideman

in NATO in Afghanistan: Fighting Together, Fighting Alone

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159386
eISBN:
9781400848676
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159386.003.0009
Subject:
Political Science, International Relations and Politics

This concluding chapter identifies the implications of this book's study for both future research and policy makers. One implication of this study is the shedding of light on the forum-shopping ... More


The Transformation of International Law

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0005
Subject:
Law, Public International Law

This chapter argues that the emergence of the system of investment treaty arbitration, when viewed against the canvass of international law, marks a major transformation in international ... More


Parenting with the Law

Amanda K. Baumle and D’Lane R. Compton

in Legalizing LGBT Families: How the Law Shapes Parenthood

Published in print:
2015
Published Online:
September 2016
ISBN:
9781479857647
eISBN:
9781479879656
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479857647.003.0006
Subject:
Sociology, Marriage and the Family

In this chapter, the authors focus on the manner in which their participants’ interactions with the law reflected a legal consciousness in which the law was understood as contingent and malleable. ... More


A Normative Framework for Promoting Compliance

Irit Mevorach

in The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198782896
eISBN:
9780191826115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198782896.003.0005
Subject:
Law, Company and Commercial Law, Private International Law

This chapter completes the proposed normative framework for cross-border insolvency. It considers the problem of compliance with a cross-border insolvency system by countries and implementing ... More


Products Liability

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0009
Subject:
Law, Comparative Law, Private International Law

This chapter reviews the decisions of American courts in resolving product liability conflicts over the last 25 years. It classifies cases into fact-law patterns depending on the parties’ contacts ... More


Extraterritorial Expansion

Jessica M. Marglin

in Across Legal Lines: Jews and Muslims in Modern Morocco

Published in print:
2016
Published Online:
May 2017
ISBN:
9780300218466
eISBN:
9780300225082
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300218466.003.0007
Subject:
History, African History

This chapter argues that Jews frequented consular courts in addition to all the other legal venues available to them—particularly local Jewish and Islamic courts. Tracing Jews' efforts to move among ... More


Should We (Still) Worry about Fragmentation?

Alain Pellet

in The Judicialization of International Law: A Mixed Blessing?

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198816423
eISBN:
9780191853685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198816423.003.0012
Subject:
Law, Public International Law

Alain Pellet argues that we should not worry about fragmentation, given the multiplicity of international courts. To the contrary, he defends the dialogue among the many courts as contributing to the ... More


A Theory of Islamic Peaceful Resolution of Disputes

Emilia Justyna Powell

in Islamic Law and International Law: Peaceful Resolution of Disputes

Published in print:
2020
Published Online:
November 2019
ISBN:
9780190064631
eISBN:
9780190064662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190064631.003.0004
Subject:
Political Science, International Relations and Politics, Comparative Politics

The theory of Islamic Peaceful Resolution of Disputes discusses four distinct legal features that define Islamic law states’ most preferred form of social interaction: a unique logic of Islamic ... More


International Aspects of Family Law

Brian H. Bix

in The Oxford Introductions to U.S. Law: Family Law

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199989591
eISBN:
9780190260200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199989591.003.0015
Subject:
Law, Family Law

This chapter examines rules and procedures that deal with the problem of family law issues across nations, focusing on solutions that come from international conventions and treaties as well as ... More


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