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Regulating Jurisdictional Relations Between National and International Courts$
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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

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Flexible Jurisdiction-regulating Rules

Flexible Jurisdiction-regulating Rules

(p.165) 6 Flexible Jurisdiction-regulating Rules
Regulating Jurisdictional Relations Between National and International Courts

Yuval Shany (Contributor Webpage)

Oxford University Press

This chapter discusses the application of two general principles that may regulate the jurisdictional relations of national and international courts: comity and abuse of right (abus de droit). It explains the policy rationales underlying both principles, the legal basis for applying them, and the promise of overcoming conceptual hurdles which their inherent flexibility provides. It then explores a series of procedural contexts in which they may be applied — stay of proceedings designed to facilitate cross-fertilization between one set of proceedings and more advanced or suitable parallel proceedings, considering the effects of past decisions on similar or related matters, deferential review of previous decisions, providing other courts involved in the litigation process with discretion in implementing judicial decisionsm, and addressing different forms of misconduct by the parties.

Keywords:   comity, abuse of right, abus de droit, stay of proceedings, deference, standards of review, good faith, precedent, forum non-conveniens

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