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Conflict Of Jurisdiction And Coordination Of Specialized International Dispute Settlement Agencies

Posted on:2020-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2416330578971097Subject:International Law
Abstract/Summary:PDF Full Text Request
The rapid increase of international dispute resolution institutions and their increasingly important role are among the important features of international law and international organization law.On the basis of the original Permanent Court of International Justice,a large number of distinctive international dispute resolution institutions arising from a particular field of expertise have emerged.The areas under the jurisdiction of international dispute agencies are constantly derived,and the geographical scope is also unprecedented.The development of international dispute resolution institutions has gradually shown a trend of specialization and regionalization.Because there is no central supreme legislature.There are no complicated program conditions and organizational constraints.In this case,different international dispute settlement agencies have been established.Therefore,each institution is granted a unique possession and personal jurisdiction based on its own circumstances.This decentralized approach to demarcation of jurisdiction may create jurisdictional conflicts in the jurisdiction of existing different international judicial institutions.In this passage,the issue of this conflict is first analyzed from the current establishment of the international dispute settlement body.Introduce the development trend of specialized international dispute resolution institutions.From this,it is argued that the issue of jurisdictional conflicts between specialized dispute resolution agencies does exist in the current national society.The existence of such problems does bring a series of problems.For example,it has led to the selection of court conflicts,waste of resources and threats to the authority of international law.This proves that it is very practical to find a way to coordinate and resolve the conflict of jurisdiction between specialized dispute resolution agencies.Next,the existence of jurisdictional conflicts between specialized dispute agencies is divided into two main types and is described in detail through two cases that occur in practice.And analyze the focus of the dispute in the case.Through the analysis of the examples of the two types of specialized dispute resolution agencies,the dilemma faced by inter-agency jurisdictions for the coordination of different specialized dispute resolutions is presented.In order to coordinate the issue of jurisdictional conflicts.The author first proposed a general solution,that is,by referring to the reform of the international judicial system system proposed by scholars at home and abroad.Then the author proposes some ideas based on some of the characteristics of the conflicts of jurisdiction between the two types of specialized dispute resolution agencies.It is hoped that these two types of jurisdictional conflicts can be coordinated not only by a general approach,but also by a method envisaged based on their own uniqueness.The idea of adopting various methods hopes to bring positive significance to the conflict coordination of international specialized dispute resolution institutions.
Keywords/Search Tags:specialized dispute resolution institutions, jurisdictional conflict., coordination method
PDF Full Text Request
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