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Beyond Fragmentation: Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals

Beyond Fragmentation: Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals

Author: Chiara Giorgetti; Mark Pollack
Publisher: Cambridge University Press
ISBN: 9781009100496
Published In: May 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a “procedural cross-fertilization pull” and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

1. Beyond fragmentation: cross-fertilization, cooperation and competition among international courts and tribunals

Chiara Giorgetti and Mark Pollack

2. The procedural cross fertilization pull

Hélène Ruiz Fabri and Joshua Paine

3. Procedural convergence in international courts and tribunals

John Crook

4. New media evidence across international courts and tribunals

Rebecca Hamilton

5. The acquis judiciaire, a new formula for cohesion of law in a decentralized litigation system? – A case study in the law of the sea

Alina Miron

6. Why cite external legal sources? Theory and evidence from the European court of human rights

Erik Voeten