Parallel Proceedings (Jurisdictional Complexes) in International Dispute Resolution
|Prof. Makane Moïse Mbengue
|Résumé de la thèse
Since jurisdictional complexes provide a difficult situation for treaty interpretation, which includes the assessment of the jurisdiction by the Courts and Tribunals, then the principle of systemic integration provides with the best possible answer to base any type of act by Courts and Tribunals in order to assess its respective jurisdiction. In this case, the principle of systemic integration within article 31(3)(c) VCLT, can resemble the conceptual and factual aim to maintain the unity of international law, being translated as to an obligation by Courts and Tribunals in order to seek the unity of the international legal order from their own jurisdictional power.
|Délai administratif de soutenance de thèse