Jump to ContentJump to Main Navigation
Regulating Jurisdictional Relations Between National and International Courts$
Users without a subscription are not able to see the full content.

Yuval Shany

Print publication date: 2007

Print ISBN-13: 9780199211791

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199211791.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 September 2021

Categorizing Vertical and Horizontal Jurisdictional Interactions

Categorizing Vertical and Horizontal Jurisdictional Interactions

Chapter:
(p.27) 1 Categorizing Vertical and Horizontal Jurisdictional Interactions
Source:
Regulating Jurisdictional Relations Between National and International Courts
Author(s):

Yuval Shany (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199211791.003.0002

This chapter reviews the relations between national and international courts under a number of institutional and jurisdictional settings created by a number of treaty regimes (e.g., ICC, ECHR, NAFTA, EC, and the New York Convention on Recognition and Enforcement of Foreign Awards) and illustrated in respect of specific disputes: the Consular notification cases involving the ICJ and U.S. court, the Separation Barrier cases involving the ICJ and Israeli courts, review of national trade-related determinations before national and international courts, prompt release of vessel cases brought before ITLOS and national courts, and investment disputes (including early cases relating to application of the Calvo Clause and more recent ICSID cases). The survey suggests inconsistency in the manner in which relations between national and international courts are being regulated across legal regimes and, at times, within the same legal regime.

Keywords:   treaty regimes, separation barrier, consular notification, prompt release of vessel, antidumping, BIT, Calvo Clause

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .