Jurisdictional Competition: Selected Cases in International and European Law
Jurisdictional 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.
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The legal framework
The Mexican soft drinks dispute
Hard law options
adjudicate agreements Appellate Body Report applied the Solange argued Article 292 EC award Bosphorus Brazil Brazilian Tyres BVerfG comity Commission Community law Community legal order competing jurisdictions court or tribunal court/tribunal courts and tribunals decision dispute settlement bodies dispute settlement system EC Habitats Directive EC law EC Member ECHR ECJ's ECrtHR European Arrest Warrant European law exclusive jurisdiction explicitly fragmentation of international fundamental rights protection GATT Genocide Convention Habitats Directive hoc Arbitral Tribunal Ibid ICJ's ICTY import ban Int'l international law involved Ireland Iron Rhine issue Journal of International judgment judicial jurisdictional competition justice Lavranos law level Mexico NAFTA national courts obligations OSPAR Arbitral Tribunal panel and Appellate parties Portaria preliminary ruling principles proceedings proliferation of international regarding relevant remoulded tyres retreaded tyres Rijn Arbitral Tribunal soft drinks Solange method supra note Tadic tion Treaty UNCLOS Arbitral Tribunal Uruguay WTO Appellate Body WTO panel