The Competing Jurisdictions of International Courts and Tribunals

Recent years have witnessed a sharp increase in the number of international courts and tribunals (e.g., WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur - i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordinating between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. Them follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (e.g., forum shopping and multiple proceedings) and considers the expediency of mitigating them. It concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and considering the desirability of introducing additional norms and arrangements.

INTRODUCTION ; THE OVERLAP BETWEEN THE JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS ; 1. What Constitute Competing Proceedings? ; 2. Delineation of Jurisdictional Overlap - Theory and Practice ; LEGAL AND POLICY ISSUES CONCERNING THE COMPETITION BETWEEN THE JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS ; 3. Jurisdictional Competition in View of the Systematic Nature of International Law ; 4. Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts - Should They be Introduced into International Law? ; THE REGULATION OF COMPETITION BETWEEN JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS: LEX LATA AND LEX FERENDA ; 5. Existing Competition-Regulating Jurisdictional Provisions in International Instruments ; 6. General Jurisdiction-Regulating Principles, Derived From Sources Other Than Treaties, as Applied by International Courts and Tribunals ; Possibilities for Future Improvement ; CONCLUSIONS