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

See all articles by Arthur Roberto Capella Giannattasio

Arthur Roberto Capella Giannattasio

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Marília Lopes Trevisan

University of São Paulo (USP)

Date Written: March 23, 2014

Abstract

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

Suggested Citation

Giannattasio, Arthur Roberto Capella and Lopes Trevisan, Marília, Competition and cooperation between international courts: a critical approach to the new paradigms of cross-border dispute resolution model (March 23, 2014). FGV Direito SP Research Paper Series No. 20, Available at SSRN: https://ssrn.com/abstract=2428443 or http://dx.doi.org/10.2139/ssrn.2428443

Arthur Roberto Capella Giannattasio (Contact Author)

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

Marília Lopes Trevisan

University of São Paulo (USP) ( email )

Rua Luciano Gualberto, 315
São Paulo, São Paulo 14800-901
Brazil

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