Show Summary Details
Page of

(p. 336) 12. International Law and Restraints on the Exercise of Jurisdiction by National Courts of States 

(p. 336) 12. International Law and Restraints on the Exercise of Jurisdiction by National Courts of States

Chapter:
(p. 336) 12. International Law and Restraints on the Exercise of Jurisdiction by National Courts of States
Author(s):

Hazel Fox

DOI:
10.1093/he/9780199654673.003.0012
Page of

date: 23 June 2017

This chapter examines the methods by which States prevent their national courts from deciding disputes that relate to the internal affairs of another State, considering three main avoidance techniques: immunity, act of State, and non-justiciability. It discusses the arguments for and against the current prohibition on the determination of one State’s disputes in the national courts of another State, and identifies the challenges presented by the rule of law, an individual’s right of access to court, and the implementation of jus cogens norms to the maintenance of these avoidance techniques.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.