Jump to ContentJump to Main Navigation

You are looking at 1-15 of 15 items

  • Keywords: jurisdictional competition x
Clear All Modify Search

View:

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


Jurisdictional Competition in View of the Systematic Nature of International Courts and Tribunals

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0004
Subject:
Law, Public International Law

This chapter examines the systematic nature of international law and the structural relations between international courts and tribunals. It situates the relations between international courts and ... More


Delineation of Jurisdictional Overlaps: Theory and Practice

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0003
Subject:
Law, Public International Law

This chapter discusses the potential for jurisdictional overlap between judicial and quasi-judicial bodies belonging to different categories of courts and tribunals, and between bodies belonging to ... More


Arbitration and the Law Market

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0005
Subject:
Political Science, American Politics

This chapter describes the role of arbitration in the law market, focusing on arbitration mandated by the parties' pre-dispute contracts. State and international competition for favorable arbitration ... More


The Feasibility of Regulation: Do National and International Proceedings Overlap?

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/9780199211791.003.0005
Subject:
Law, Public International Law

This chapter sets out the conditions under which jurisdiction interaction between national and international courts may be feasible. First, one has to ascertain that the courts in question operate in ... More


Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts:Should They be Introduced into International Law?

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0005
Subject:
Law, Public International Law

This chapter examines specific rules designed to regulate particular jurisdictional conflicts. It shows that there are few, if any, international standards that govern competition involving domestic ... More


A Federal Choice‐of‐Law Statute

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.00010
Subject:
Political Science, American Politics

This chapter proposes a way to preserve the benefits of the law market while eliminating some of the impediments to its efficient operation: a federal statute that compels states to enforce ... More


Competition-Regulating Norms found in Instruments Governing the Jurisdiction of International Courts and Tribunals

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0006
Subject:
Law, Public International Law

This chapter examines the existing rules governing jurisdictional competition between different international courts and tribunals. It explores both the strengths and weaknesses of current norms, and ... More


The Creation of a Law Market

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0004
Subject:
Political Science, American Politics

This chapter discusses the essential elements of a law market and jurisdictional competition—that is, ways that governing laws can be chosen by people and firms rather than mandated by states. This ... More


Conclusions

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0009
Subject:
Law, Public International Law

This chapter begins with a review of discussions in the preceding chapters. It shows that jurisdictional competition has become more widespread in recent years. This phenomenon represents an issue of ... More


Possibilities for Future Improvement

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0008
Subject:
Law, Public International Law

This chapter surveys possible solutions to some problems that may arise out of jurisdictional competition, in light of findings on the nature of international law in general, and of the international ... More


Introduction

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0001
Subject:
Law, Public International Law

This introductory chapter begins with a discussion of the proliferation of international courts and tribunals. It presents the purpose of the book, which is to investigate the overlaps between ... More


What Constitutes Competing Proceedings?

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0002
Subject:
Law, Public International Law

This chapter begins with a description of the term ‘jurisdictional competition’ (or overlap), which means that a certain dispute can be addressed by more than one available forum. It then discusses ... More


Politics on Wall Street: The Implications of Eliot Spitzer on State-Federal Relations in the Regulation of Public Corporations and Capital Markets in the United States

Jonathan R. Macey

in Corporate Governance in Context: Corporations, States, and Markets in Europe, Japan, and the US

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199290703
eISBN:
9780191700576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199290703.003.0005
Subject:
Law, Company and Commercial Law

This chapter looks at the current regulatory crisis in the US capital market from the allied perspectives of political theory and federalism in order to make two points about the current regulatory ... More


The Superior Courts of Common Law

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0003
Subject:
Law, Legal History

This chapter traces the history of the superior courts of common law in Westminster Hall, after they emerged from the undifferentiated Curia Regis of the twelfth century. The most important was the ... More


View: