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Remarks by Tai-Heng Cheng

Published online by Cambridge University Press:  28 March 2018

Tai-Heng Cheng*
Affiliation:
Quinn Emanuel Urquhart & Sullivan, LLP.

Extract

In the first place, the motion cannot get off the ground because there is no objective way to tell what jurisdictional decisions are “expansive.” In every contested jurisdictional proceeding, the respondent, at that phase of the case, will regard the court's decision as overly expansive if the court seizes jurisdiction. Whereas the claimant will not.

Type
Debate: Compulsory Jurisdiction in International Dispute Settlement: Beyond David Versus Goliath?
Copyright
Copyright © by The American Society of International Law 2018 

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