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
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?
Establishing a Tribunal des Conflits
consisting of judges from various Does the multiplication of judgments
courts/tribunals and (arbitral) awards necessarily lead
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
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