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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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(p.197) Conclusions
Regulating Jurisdictional Relations Between National and International Courts

Yuval Shany (Contributor Webpage)

Oxford University Press

This concluding chapter presents the main thesis expounded in the book, i.e., that the increased interaction between national and international laws and institutions warrants the rethinking of traditional notions concerning the jurisdictional relations between national and international courts. Specifically, it argues that judges in national and international courts are faced with a number of policy choices relating to jurisdiction-regulation: e.g., how to conceptualize the jurisdictional relations between national and international courts, how to ascertain similarity in the proceedings, and whether to aspire for an integrative or disintegrative approach in dispute settlements. Unlike specific jurisdiction-regulating norms, whose application to national and international proceedings is mired up in doctrinal uncertainty and may be too rigid in nature, broad principles, such as judicial comity and abuse of right, appear to offer a suitable legal framework within which the aforementioned policy considerations can be applied.

Keywords:   policy considerations, broad principles, judicial discretion, jurisdiction regulation, legal theory

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