Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0008
- Subject:
- Law, Private International Law
This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the ...
More
This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the compromise reached in those negotiations on application of the discretionary common law doctrine of forum non conveniens and the strict civil law doctrine of lis pendens. It also considers work on related issues done by the American Law Institute and the International Institute for the Unification of Private Law (UNIDROIT).Less
This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the compromise reached in those negotiations on application of the discretionary common law doctrine of forum non conveniens and the strict civil law doctrine of lis pendens. It also considers work on related issues done by the American Law Institute and the International Institute for the Unification of Private Law (UNIDROIT).
Tobias Lock
- Published in print:
- 2015
- Published Online:
- November 2015
- ISBN:
- 9780199660476
- eISBN:
- 9780191748271
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199660476.003.0002
- Subject:
- Law, Public International Law
This chapter provides an overview of the jurisdictional relationship between international courts under general public international law. It is based on a distinction between conflicts of ...
More
This chapter provides an overview of the jurisdictional relationship between international courts under general public international law. It is based on a distinction between conflicts of jurisdiction in the narrow sense and parallel proceedings and explores them in turn. Conflicts of jurisdiction are classified as conflicts between treaty norms, which necessitates a definition of treaty conflicts and a discussion of ways to resolve them (lex posterior, lex specialis, conflict clauses, abuse of rights, etc.) with the specificities of jurisdictional conflicts in mind. Concluding that not all conflicts of jurisdiction can be resolved on the basis of positive international law, the remainder of the chapter is dedicated to parallel proceedings, in particular res judicata and lis alibi pendens.Less
This chapter provides an overview of the jurisdictional relationship between international courts under general public international law. It is based on a distinction between conflicts of jurisdiction in the narrow sense and parallel proceedings and explores them in turn. Conflicts of jurisdiction are classified as conflicts between treaty norms, which necessitates a definition of treaty conflicts and a discussion of ways to resolve them (lex posterior, lex specialis, conflict clauses, abuse of rights, etc.) with the specificities of jurisdictional conflicts in mind. Concluding that not all conflicts of jurisdiction can be resolved on the basis of positive international law, the remainder of the chapter is dedicated to parallel proceedings, in particular res judicata and lis alibi pendens.
