Dr. Nikolaos Lavranos, LLM

1
Regulating competing jurisdictions among
courts/tribunals through methods of judicial
dialogue Dr. Nikolaos Lavranos, LLM, Max Weber
Fellow, EUI, Florence
Questions for the discussion
The problem
Solutions
Formally regulating jurisdiction by modifying
Treaties/statutes of International
courts/tribunals
Fragmentation of the International Legal Order?
Can judicial dialogue effectively prevent
fragmentation of the international legal order?
Is there really a community of courts?
Introducing preliminary ruling systems between
ICJ and other international courts/tribunals
Hard-law options
Does the proliferation of international courts
and tribunals necessarily lead to fragmentation?
Or do we need the competition of views for
finding the best solution?
Introducing advisory opinion systems between ICJ
and other international courts/tribunals
Proliferation of international courts/tribunals
ICJ the supreme international court?
Establishing a Tribunal des Conflits consisting
of judges from various courts/tribunals
Does the multiplication of judgments and
(arbitral) awards necessarily lead to
fragmentation? Or does it contribute to the
constitutionalization of the international legal
order?
Multiplication of judgments and (arbitral)
awards
Possible solutions
Judicial dialogue between courts/tribunals
through comity
Do we really need to regulate competing
jurisdictions? If so, is it a good idea to make
the ICJ the supreme court of the world?
Competing jurisdictions
Claiming exclusive jurisdiction
Soft-law options
Exercising judicial restraint
Can conflicting judgments be effectively avoided
by imposing a legal obligation on judges and
arbitrators to deliver justice by rendering
consistent judgments and awards?
General application of the Solange-method as
long as-method
Judicial Dialogue?
Conflicting judgments and (arbitral) awards
Recent cases illustrating fragmentation of the
international legal order
MOX plant dispute ECJ vs. UNCLOS and OSPAR
Arbitral Tribunals
Brazilian Tyres dispute WTO vs. MERCOSUR
Mexico soft drinks dispute WTO vs. NAFTA
Genocide Convention judgment ICJ vs. ICTY
Iron Rhine dispute Arbitral Tribunal vs. ECJ
Bopshorus case ECJ vs. ECrtHR
European University Institute, Max Weber
Programme, Nikolaos.Lavranos_at_eui.eu / 39 055
4685 643