A Farewell to Fragmentation (Studies on International Courts and Tribunals)
Cambridge University Press, 10/22/2015
EAN 9781107082090, ISBN10: 1107082099
Hardcover, 604 pages, 23.5 x 15.9 x 3.9 cm
Language: English
Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
List of contributors
1. Introduction
from fragmentation to convergence Mads Andenas and Eirik Bjorge
Part I. Reassertion and Convergence
'Proliferation' of Courts and the Centre of International Law
Section A. At the Centre
The International Court
2. Unity and diversity in international law Christopher Greenwood
3. A century of international justice and prospects for the future Antônio Augusto Cançado Trindade
4. The International Court of Justice and human rights treaty bodies Nigel Rodley
5. The ICJ and the challenges of human rights law Vera Gowlland-Debbas
6. Factors influencing fragmentation and convergence in international courts Philippa Webb
Section B. 'Regimes' of International Law
7. Fragmentation or partnership? The reception of ICJ case-law by the European Court of Human Rights Dean Spielmann
8. Factors influencing the reception of international law in the case law of the ECtHR's case law
a review Magdalena Forowicz
9. The influence of the International Court of Justice on the law of provisional measures Cameron A. Miles
10. Just another case of treaty interpretation? Reconciling humanitarian and human rights law in the ICJ Lawrence Hill-Cawthorne
11. Fragmentation within international human rights law Mehrdad Payandeh
12. The European Union's participation in international economic institutions
a mutually beneficial reassertion of the centre Emanuel Castellarin
13. Reinforcing the ICJ's central international role? Domestic courts' enforcement of ICJ decisions and opinions Veronika Fikfak
Part II. A Farewell to Fragmentation and the Sources of International Law
Section A. Custom and Jus Cogens
14. The International Court of Justice and the international customary law game of cards Lorenzo Gradoni
15. State practice, treaty practice and state immunity Alexander Orakhelashvili
16. Historical sketches of custom in international law Jean-Louis Halpérin
Section B. Treaty Interpretation
17. Is there a subject-matter ontology in interpretation of international legal norms? Robert Kolb
18. Halfway between fragmentation and convergence
the role of the rules of the organization in the interpretation of constituent treaties Paolo Palchetti
19. The convergence of the methods of treaty interpretation Eirik Bjorge
20. The centre reasserting itself Mads Andenas
Index.