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Similarity In The Eye Of The Beholder: Revisiting The Application Of Rules Governing Jurisdictional Conflicts In The Lauder/Cme Cases

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Chapter Summary

Many international legal instruments contain comparable norms that purport to regulate the jurisdictional relations between different international courts and possibly also the relations between national and international courts. The Lauder/CME cases, reveals a crucial limit on the application of jurisdiction-regulating rules-the unclear scope of the "same proceedings" requirement, which underlies jurisdictional regulation. The balance between the conflicting factors underlying the application of jurisdiction-regulating norms is reflected in international law's definition of competing proceedings that distinguish between similar legal proceedings, which are generally subject to strict regulation, and dissimilar legal proceedings, which generally escape significant regulation. Two tests have traditionally been offered in this regard in various international instruments and in the jurisprudence of national and international courts-the "same parties" and the "same issues" tests.

Keywords:international courts; international law; jurisdictional regulation; Lauder/CME cases; legal proceedings; national courts



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