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ดุลพาห

justify the assertion of jurisdiction. In some circumstances, a state might want to
promote certain important policies such as human rights or ensure that its mandatory

rules are applied correctly. These interests serve as the basis for the establishment
of exclusive jurisdiction and restrictions on a choice-of-court agreement from which the

parties cannot deviate.

(3) Interests of the international system

International society may have a common interest in jurisdictional certainty
and harmony. If one state’s court asserts excessively wide jurisdiction, this might

result in conflicting judgments with other states’ courts that assume jurisdiction
over the same dispute . Furthermore, the assertion of excessively wide jurisdiction in
103
some cases might disturb the sovereignty of foreign states under public international
law. The common law concept of forum non conveniens and Japan’s special

circumstances doctrine acknowledge this interest by suggesting that litigation should
be conducted in the most appropriate forum. Also, the EU has recognized the interests

of the harmonious administration of justice. Several regulations and lis pendens rules
have been created to minimize the possibility of concurrent proceedings and ensure

that irreconcilable judgments will not be given in different member states .
104

IV. Suggestions for Reform of International Jurisdiction

It should be noted that international jurisdiction has special characteristics
distinct from purely domestic jurisdiction. Firstly, the assertion or denial of jurisdiction

in a transnational case can have a more severe impact on the parties compared to that
of a domestic one. The exercise of international jurisdiction by Thai courts requires

the party residing abroad to participate in the proceedings in Thailand. This can be a
serious hurdle for a foreign defendant due to the unfamiliar legal system and culture,

103. Ibid.
104. Recital 21 of the Preamble to the Brussels I (recast).

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