Competition and cooperation between international courts: a critical approach to the new paradigms of cross-border dispute resolution model
44 Pages Posted: 24 Apr 2014 Last revised: 3 Apr 2017
Date Written: March 23, 2014
This article examines the arising cross-border dispute resolution models (Cooperation and Competition among national Courts) from a critical perspective. Although they have been conceived to surpass the ordinary solution of a Modern paradigm (exclusive jurisdiction, choice of court, lis pendens, forum non conveniens, among others), they are insufficient to deal with problems raised with present globalization, as they do not abandon aspects of that paradigm, namely, (i) statebased Law; and (ii) standardization of cultural issues.
Keywords: Competition among Courts; Cooperation among Courts; Modern International Law; Post-Modern International Law
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