Asserting Jurisdiction

Overview

The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects, positive or negative, of extending, ...
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Overview

The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects, positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State.
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Product Details

  • ISBN-13: 9781841133058
  • Publisher: Hart Publishing (UK)
  • Publication date: 9/1/2003
  • Pages: 344
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.81 (d)

Table of Contents

List of Contributors
Abbreviations
Introduction
I Theoretical Approaches to the Assertion of Jurisdiction
1 Jurisdiction: The State 3
2 New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law 17
3 The Exercise of Jurisdiction in Private International Law 39
II Approaches to the Assertion of Jurisdiction by Political Bodies
4 National Law, International Law and EU Law - How Do They Relate? 65
5 The Member States' Competence and Jurisdiction under the EU/EC Treaties 83
6 Competition Law in a Globalised Marketplace: Beyond Jurisdiction 105
7 The Jurisdiction of the Security Council: Original Intention and New World Order(s) 127
8 Jurisdiction, NATO and the Kosovo Conflict 145
III Approaches to the Assertion of Jurisdiction by Adjudicative Bodies
9 Approaches of Domestic Courts to the Assertion of International Jurisdiction 175
10 Assertion of Jurisdiction by the International Court of Justice 189
11 Approaches to the Assertion of International Jurisdiction: The Human Rights Committee 199
12 Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea 243
13 Activism and Restraint in the European Court of Justice 255
14 The Assertion of Jurisdiction by the European Court of Justice 283
Index 309
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