Doctoraat Donikë Qerimi
Titel: Jurisdiction in international disputes in commercial matters: a comparison between the Brussels Ibis and the Western Balkans
Verdedigd op 14 januari 2019
This thesis is a comparative analysis of the jurisdiction rules in commercial matters, provided in Regulation Brussels Ibis, on the one hand, and the six countries of the Western Balkans, on the other. The study aims to give answers to not only the question whether the jurisdiction rules of these countries are approximated with this Regulation, but also ascertains whether they should do so and how. The analysis therein is unfolded through the lens of three main targets towards which jurisdiction can be orientated: the defendant, the contract and property. Having analysed the rules on asserting jurisdiction on these bases, the study then looks at the rules for declining jurisdiction. In its conclusion, the study underscores the similarities and differences between these legal instruments and makes recommendations on how the approximation can advance, while being cautious of the particularities of the political, social and economic situation of these countries.