نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق عمومی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
2 دکتری حقوق بینالملل دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The issue of conflicting jurisdictions is certainly not new to law. It has long been known in domestic Law systems. However, for public international law the issue of conflicting jurisdictions is relatively new. Since the early 1990s we have witnessed an indisputable proliferation of international courts and tribunals endowed with the jurisdiction to deal with certain areas of international law or to settle specific disputes, as well as an increase in the willingness of states to use these courts. While the creation of an ever increasing number of dispute settlement bodies should be welcomed, it can become problematic because the scope of their jurisdictions can potentially conflict. In other words, two or even more courts and tribunals may simultaneously have jurisdiction to adjudicate the same dispute or parts thereof. This paper demonstrate that conflicting jurisdictions between international courts and tribunals are not only possible, but are a real and inevitable phenomenon.
کلیدواژهها [English]
)