Jurisdiction-Regulating Norms, Derived from Sources Other than Treaties, as Applied by International Courts and Tribunals

Abstract

Abstract This chapter identifies the complementary rules of customary law and the applicable general principles of law. The first section addresses the application of traditional jurisdiction-regulating rules by international courts and tribunals. These are the choice of forum principles and the rules of lis alibi pendens and res judicata. Since the electa una via rule does not find any meaningful support in the international jurisprudence. The second section examines the possibility of applying general legal doctrines to situations involving jurisdictional competition. These include the theory of abuse of rights, the principle of comity, and some principles governing treaty obligations.