Jurisdictional Competition: Selected Cases in International and European LawJurisdictional 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. |
Contents
The Legal Framework | 6 |
6 | 12 |
scope of ECJ jurisdiction regarding international treaties | 15 |
I | 23 |
3 | 30 |
4 | 36 |
2 | 42 |
3 | 56 |
I | 63 |
3 | 69 |
94 | |
Common terms and phrases
accepted accordance Accordingly acts agreements Appellate Body Report applied Arbitral Tribunal argued Article 292 EC authority award basis Brazil BVerfG Chapter claims Commission Community law Community legal competence concerned concluded Consequently considered Constitution Convention courts and tribunals decide decision determine developments discussed dispute settlement EC law EC Member ECrtHR effect established European exclusive jurisdiction exercise fact final findings follows fragmentation fundamental rights further Ibid ICTY IJzeren Rijn import international courts international law interpretation involved Ireland issue judgment judicial jurisdiction jurisdictional competition jurisprudence justice Lavranos legal order measures MERCOSUR Mexico Moreover MOX plant NAFTA obligations Opinion OSPAR para particular parties possible present principle proceedings protection provisions question refer regarding regulation relevant request responsibility result Review ruling soft drinks Solange method specific studies tion Treaty tyres UNCLOS UNCLOS Arbitral Tribunal various WTO Appellate Body WTO panel