The Changing Face of Adjudicatory Jurisdiction

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The tensions surrounding the regulation of adjudicatory jurisdiction, including as regards the admissibility of, and the conditions for, the exercise of universal civil jurisdiction, are premised on the understanding that jurisdiction, as a legal notion, is concerned essentially with power. The practice of States, however, is evolving. Jurisdiction can no longer be described as being solely about power, nor chiefly about States. A different conception of jurisdiction is emerging which involves responsibility alongside power, and is concerned with the efficiency, not just the legitimacy, of States’ action. The contention is made that a renewed understanding of jurisdiction, one acknowledging the role that cooperation and dialogue between courts play in the management of cross-border disputes, would help shape workable responses to the challenges posed by the recourse to civil litigation in connection with international wrongs.
Original languageEnglish
Title of host publicationUniversal Civil Jurisdiction - Which Way Forward?
EditorsS. Forlati, P. Franzina
Pages170-187
Number of pages18
DOIs
Publication statusPublished - 2020

Keywords

  • Competenza giurisdizionale
  • Cooperazione internazionale
  • International cooperation
  • Jurisdiction

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