WHERE IS JURISDICTION HEADING?
WHERE IS JURISDICTION HEADING?

Author(s): Flávio Luiz Yarshell
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Sociology of Law
Published by: Institut za uporedno pravo
Keywords: General theory of procedural law; dispute resolution mechanisms; self-help; resolution of the dispute by the parties themselves; adjudicative solutions; jurisdiction; technological advancement; artifi
Summary/Abstract: The classical perspective of jurisdiction – understood as the power to resolve disputes through adjudication and/or as the scope of authority conferred upon different bodies – has been challenged in the modern era, particularly (though not exclusively) due to technological progress. This article examines the expansion of self-help and consensual dispute resolution mechanisms, as well as their potential impact on adjudicated solutions. Additionally, it investigates whether and how the authority to resolve conflicts through adjudication is shifting.

• Details
• Contents