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The European Court of Justice and International Courts$
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Tobias Lock

Print publication date: 2015

Print ISBN-13: 9780199660476

Published to Oxford Scholarship Online: November 2015

DOI: 10.1093/acprof:oso/9780199660476.001.0001

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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: 13 May 2021

The Relationship between International Courts

The Relationship between International Courts

(p.25) 2 The Relationship between International Courts
The European Court of Justice and International Courts

Tobias Lock

Oxford University Press

This chapter provides an overview of the jurisdictional relationship between international courts under general public international law. It is based on a distinction between conflicts of jurisdiction in the narrow sense and parallel proceedings and explores them in turn. Conflicts of jurisdiction are classified as conflicts between treaty norms, which necessitates a definition of treaty conflicts and a discussion of ways to resolve them (lex posterior, lex specialis, conflict clauses, abuse of rights, etc.) with the specificities of jurisdictional conflicts in mind. Concluding that not all conflicts of jurisdiction can be resolved on the basis of positive international law, the remainder of the chapter is dedicated to parallel proceedings, in particular res judicata and lis alibi pendens.

Keywords:   treaty conflict, conflict of jurisdiction, conflict of interpretation, parallel proceedings, single dispute theory, lex specialis, conflict clauses, lex posterior, res judicata, lis alibi pendens

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