Competition and Cooperation between International Courts: A Critical Approach to the New Paradigms of Cross-Border Dispute Resolution Model

Arthur Roberto Capella Giannattasio, Marrlia Lopes Trevisan
2014 Social Science Research Network  
This article examines the arising cross-border dispute resolution models (Cooperation and Competition among national Courts) from a critical perspective. Although they have been conceived to surpass the ordinary solution of a Modern paradigm (exclusive jurisdiction, choice of court, lis pendens, forum non conveniens, among others), they are insufficient to deal with problems raised with present globalization, as they do not abandon aspects of that paradigm, namely, (i) statebased Law; and (ii) standardization of cultural issues.
doi:10.2139/ssrn.2428443 fatcat:7zggtn4lxrgfbgqkgjm3d27rwe