The Competing Jurisdictions of International Courts and Tribunals
Title | The Competing Jurisdictions of International Courts and Tribunals PDF eBook |
Author | Yuval Shany |
Publisher | Oxford University Press on Demand |
Pages | 348 |
Release | 2004 |
Genre | Law |
ISBN | 9780199274284 |
Recent years have witnessed a sharp increase in the number of international courts and tribunals (WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur, i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.
Public Sector Entrepreneurship and the Integration of Innovative Business Models
Title | Public Sector Entrepreneurship and the Integration of Innovative Business Models PDF eBook |
Author | Lewandowski, Mateusz |
Publisher | IGI Global |
Pages | 330 |
Release | 2017-01-05 |
Genre | Business & Economics |
ISBN | 1522522166 |
While private, for-profit businesses have typically been the most experienced with entrepreneurship, the study of public sector business models is coming to the forefront of entrepreneurial discussions. This shift has allowed researchers and practitioners to expand on their knowledge of positive business choices and paved the way for more profitable business empires. Public Sector Entrepreneurship and the Integration of Innovative Business Models is a comprehensive source of academic research that discusses the latest entrepreneurial strategies, achievements, and challenges in public sector contexts. Highlighting relevant topics such as public management, crowdsourcing, municipal cooperation, and public sector marketing, this is an ideal resource for managers, practitioners, researchers, and professionals interested in learning more about public sector business ideals, and how these models are shaping positive entrepreneurial communities around the world.
New Competition Jurisdictions
Title | New Competition Jurisdictions PDF eBook |
Author | Richard Whish |
Publisher | Edward Elgar Publishing |
Pages | 369 |
Release | 2012-01-01 |
Genre | Law |
ISBN | 0857939521 |
'The most thoughtful collection available of insights into the challenges facing new competition jurisdictions. Whish and Townley have brought together experts on approaches global, comparative and local, combined with fresh inter-disciplinary insights. By combining law, economics and political economy, what emerges are pointed commentaries, and a rich source of principles and pragmatism. This book will guide the creators and enforcers of new competition law regimes.' – Philip Marsden, Director, British Institute of International and Comparative Law, and OFT Board Member 'This is a wonderful volume filled with good ideas. It evolves from the Sixth Conference of ASCOLA, the world association of competition law professors, which asked a group of young scholars how new competition law systems can be made more effective, and challenged the conference participants to interrogate the ideas. the resulting book is an admirable collection of insightful papers and commentary. For all who are interested in advancing younger competition law systems and their supporting academic communities, this volume must be read.' – Eleanor Fox, New York University School of Law, US This book focuses on the problems faced by newly-established competition authorities, and on shaping policies and building institutions in those jurisdictions. In particular four key issues encountered by new competition jurisdictions are considered, namely: the challenges and obstacles to adopting competition laws; institutional challenges and choices, with a specific focus on deterrence; the global perspective, with a specific focus on mergers; and a discussion of how to help young academics in new jurisdictions. Theoretical analysis is informed by practice throughout, and in particular by those considered to be at the cutting edge, either working in new competition authorities or from specialists advising them on a daily basis (such as those in the OECD and UNCTAD). New Competition Jurisdictions will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.
The Competing Jurisdictions of the WTO and the UNCLOS Dispute Settlement Fora in the Context of Multifaceted Disputes
Title | The Competing Jurisdictions of the WTO and the UNCLOS Dispute Settlement Fora in the Context of Multifaceted Disputes PDF eBook |
Author | Elena Ivanova |
Publisher | Nomos Verlag |
Pages | 714 |
Release | 2021-05-19 |
Genre | Law |
ISBN | 374892142X |
Die Arbeit untersucht die Interaktion zwischen den Streitbeilegungsmechanismen, die im Rahmen des SRÜ und des WTO-Abkommens eingerichtet wurden. Sie erforscht zugleich die Herausforderungen, die Streitigkeiten für internationale Gerichte mit begrenzter Zuständigkeit darstellen. Aus Sicht des WTO-Vertrages und des SRÜ gibt die Arbeit konkrete Antworten auf folgende Fragen: Inwieweit können die genannten Entscheidungsgremien angesichts ihrer begrenzten Zuständigkeit auf andere Regeln des Völkerrechts verweisen? Welche Auswirkungen haben die Äußerungen der Gerichte in Bezug auf den WTO-Vertrag und umgekehrt? Wie sollten Gerichte an Streitigkeiten herangehen, die sowohl WTO-Recht als auch Seerecht betreffen? Wie ist ihr Zusammenspiel geregelt? Die Arbeit bietet Lösungen für vielschichtige Streitigkeiten und trägt damit zur Diskussion über das internationale Verfahrensrecht und das Zusammenspiel von Verträgen und Streitbeilegungsmechanismen bei.
Jurisdiction in International Law
Title | Jurisdiction in International Law PDF eBook |
Author | Cedric Ryngaert |
Publisher | |
Pages | 273 |
Release | 2015 |
Genre | Law |
ISBN | 0199688516 |
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Competing Jurisdictions
Title | Competing Jurisdictions PDF eBook |
Author | Sandra Evers |
Publisher | BRILL |
Pages | 371 |
Release | 2005 |
Genre | Social Science |
ISBN | 9004147802 |
Includes bibliographical references.
The Economic Characteristics of Developing Jurisdictions
Title | The Economic Characteristics of Developing Jurisdictions PDF eBook |
Author | Michal S. Gal |
Publisher | Edward Elgar Publishing |
Pages | 421 |
Release | 2015-06-29 |
Genre | Law |
ISBN | 1783471506 |
There is ongoing debate as to what competition law and policy is most suitable for developing jurisdictions. This book argues that the unique characteristics of developing jurisdictions matter when crafting and enforcing competition law and these shoul