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					     Regulating competing jurisdictions among courts/tribunals through methods of judicial dialogue
                                               Dr. Nikolaos Lavranos, LLM, Max Weber Fellow, EUI, Florence

        The problem                                                                      Solutions                                                                 Questions for the discussion
                                                                                                                  Formally regulating jurisdiction
                                                                                                                  by modifying Treaties/statutes of                  Can judicial dialogue effectively
   Fragmentation of the                                                                                           International courts/tribunals                     prevent fragmentation of the
International Legal Order?                                                                                                                                           international legal order? Is there
                                                                                                                  Introducing preliminary ruling                     really a community of courts?
                                                                                                                  systems between ICJ and other
                                                                                                                  international courts/tribunals
                                                        Hard-law options                                                                                            Does the proliferation of international
                                                                                                                                                                    courts and tribunals necessarily lead
                                                                                                                  Introducing advisory opinion                      to fragmentation? Or do we need the
 Proliferation of international                                                                                   systems between ICJ and                           competition of views for finding the
        courts/tribunals                                                               ICJ the supreme            other international courts/tribunals              best solution?
                                                                                     international court?
                                                                                                                  Establishing a Tribunal des Conflits
                                                                                                                  consisting of judges from various                 Does the multiplication of judgments
                                                                                                                  courts/tribunals                                  and (arbitral) awards necessarily lead
                                                       Possible solutions
Multiplication of judgments and                                                                                                                                     to fragmentation? Or does it contribute
        (arbitral) awards                                                                                                                                           to the constitutionalization of the
                                                                                                                                                                    international legal order?
                                                                                                                  Judicial dialogue between
                                                                                                                  courts/tribunals through comity
                                                                                                                                                                     Do we really need to regulate
                                                                                                                                                                     competing jurisdictions? If so, is it a
                                                         Soft-law options                                         Claiming exclusive jurisdiction
   Competing jurisdictions                                                                                                                                           good idea to make the ICJ the supreme
                                                                                                                                                                     court of the world?
                                                                                                                  Exercising judicial restraint
                                                                                                                                                                     Can conflicting judgments be effectively
                                                                                                                  General application of the                         avoided by imposing a legal obligation
                                                                                      Judicial Dialogue?          Solange-method                                     on judges and arbitrators to deliver
  Conflicting judgments and                                                                                       [as long as-method]                                justice by rendering consistent
       (arbitral) awards                                                                                                                                             judgments and awards?


                                                                   Recent cases illustrating fragmentation of the international legal order
                MOX plant dispute            Iron Rhine dispute             Brazilian Tyres dispute         Mexico soft drinks dispute                                Genocide Convention judgment
                ECJ vs. UNCLOS and
                                                                                                                                                  Bopshorus case
                                             Arbitral Tribunal vs. ECJ      WTO vs. MERCOSUR                WTO vs. NAFTA                         ECJ vs. ECrtHR      ICJ vs. ICTY
                OSPAR Arbitral Tribunals



                                       European University Institute, Max Weber Programme, Nikolaos.Lavranos@eui.eu / +39 055 4685 643

				
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posted:10/25/2011
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