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An adapted version of forum non conveniens: a potentially beneficial import for the Western Balkans

Donikë Qerimi (UGent)
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Abstract
The countries of the Western Balkans have gone through radical social and political changes over the last three decades. The region is composed of small states that are economically inter-dependent and that aspire full membership into the European Union (EU). The regional co-operation between the countries is scarce, and judicial co-operation is often hindered by political and legalistic obstacles. The obligation to exercise jurisdiction whenever there is one, even in cases when exchange of evidence among these countries is impracticable, affects the efficiency and even the entire adjudication of a matter. This article suggests that introducing the doctrine of forum non conveniens - a form of judicial discretion in exercising jurisdiction - in national jurisdictions of the countries of the Western Balkans, would be beneficial to their legal systems and the regional judicial co-operation. The aim of this article is not to say the final word on the matter, but rather to build a basic argument on the benefits of this doctrine to this region. The article will start with an explanation of the applicability of this doctrine in common law countries by exploring the cases of the United States and the United Kingdom. Then, it will identify and address some of the main problems of applicability of the doctrine of forum non conveniens in civil law countries in general, including the Western Balkans. Given their aspirations to join the EU, the EU law context and their lis pendens solution to parallel proceedings or potentially concurring jurisdiction problems, will be taken into account and thoroughly analysed. In the concluding part, the article will argue that despite criticism, there are substantial arguments showing the doctrine would be beneficial for the countries of the Western Balkans to resolve their jurisdictional conflicts, whilst promoting their EU integration.
Keywords
Western Balkans, EU, lis pendens, Hague Conference on PIL, forum non conveniens, Owusu, Brussels I, related matters.

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Citation

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Chicago
Qerimi, Donikë. 2014. “An Adapted Version of Forum Non Conveniens: a Potentially Beneficial Import for the Western Balkans.” In International Multidisciplinary Scientific Conferences on Social Sciences and Arts, 507–518. Bulgaria: International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2014.
APA
Qerimi, D. (2014). An adapted version of forum non conveniens: a potentially beneficial import for the Western Balkans. International Multidisciplinary Scientific Conferences on Social Sciences and Arts (pp. 507–518). Presented at the International Multidisciplinary Scientific Conferences on Social Sciences and Arts (SGEM 2014), Bulgaria: International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2014.
Vancouver
1.
Qerimi D. An adapted version of forum non conveniens: a potentially beneficial import for the Western Balkans. International Multidisciplinary Scientific Conferences on Social Sciences and Arts. Bulgaria: International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2014; 2014. p. 507–18.
MLA
Qerimi, Donikë. “An Adapted Version of Forum Non Conveniens: a Potentially Beneficial Import for the Western Balkans.” International Multidisciplinary Scientific Conferences on Social Sciences and Arts. Bulgaria: International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2014, 2014. 507–518. Print.
@inproceedings{5871984,
  abstract     = {The countries of the Western Balkans have gone through radical social and political changes over the last three decades. The region is composed of small states that are economically inter-dependent and that aspire full membership into the European Union (EU). The regional co-operation between the countries is scarce, and judicial co-operation is often hindered by political and legalistic obstacles. The obligation to exercise jurisdiction whenever there is one, even in cases when exchange of evidence among these countries is impracticable, affects the efficiency and even the entire adjudication of a matter.
This article suggests that introducing the doctrine of forum non conveniens - a form of judicial discretion in exercising jurisdiction - in national jurisdictions of the countries of the Western Balkans, would be beneficial to their legal systems and the regional judicial co-operation. The aim of this article is not to say the final word on the matter, but rather to build a basic argument on the benefits of this doctrine to this region. The article will start with an explanation of the applicability of this doctrine in common law countries by exploring the cases of the United States and the United Kingdom. Then, it will identify and address some of the main problems of applicability of the doctrine of forum non conveniens in civil law countries in general, including the Western Balkans. Given their aspirations to join the EU, the EU law context and their lis pendens solution to parallel proceedings or potentially concurring jurisdiction problems, will be taken into account and thoroughly analysed. In the concluding part, the article will argue that despite criticism, there are substantial arguments showing the doctrine would be beneficial for the countries of the Western Balkans to resolve their jurisdictional conflicts, whilst promoting their EU integration.},
  author       = {Qerimi, Donikë},
  booktitle    = {International Multidisciplinary Scientific Conferences on Social Sciences and Arts},
  isbn         = {978-619-7105-25-4},
  issn         = {2367-5659},
  keywords     = {Western Balkans,EU,lis pendens,Hague Conference on PIL,forum non conveniens,Owusu,Brussels I,related matters.},
  language     = {eng},
  location     = {Albena, Varna, Bulgaria},
  pages        = {507--518},
  publisher    = {International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2014},
  title        = {An adapted version of forum non conveniens: a potentially beneficial import for the Western Balkans},
  year         = {2014},
}

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