Fragmentation vs. the Constitutionalisation of International Law: A Practical Inquiry

Author: Andrzej Jakubowski; Karolina Wierczynska
Publisher: Routledge
ISBN: 9781138119727

Published In: June 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780815355298

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The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation.

This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. This volume brings together a select group of contributors, including both established and emerging scholars and practitioners in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating.

The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

1. Introduction, Andrzej Jakubowski and Karolina Wierczynska

Part 1: Between the Unity and Constitutionalisation

2. Constitutionalisation: A New Philosophy of International Law?, Jerzy Zajadlo and Tomasz Widlak

3. Justifying 'Fragmentation' and Constitutional Reforms of International Law in Terms of Justice, Human Rights and 'Cosmopolitan Constitutionalism', Ernst-Ulrich Petersmann

4. International Constitutionalism, Language in Legal Discourse, and the Functions of International Law Scholarship, Roman Kwiecien

Part 2: International Law and Justice

5. The Revival of Sovereignty via the Complementarity Regime and the 'Doctrinal' Idea of the Responsibility to Protect?,Maria Varaki

6. The Rome Statute - The Debate around the Constitutionalization, Fragmentation and Pluralisation of International Criminal Law, Karolina Wierczynska

7. Fragmentation of the Law of Targeting - Comfortable Excuse or Dangerous Trap, Patrycja Grzebyk (University of Warsaw)

Part 3: Constitutionalisation and Regional Perspectives.

8. The Paradoxes of Fragmentation - Does Regional Constitutionalisation Constitute a Fragmentation Threat to the International Legal Order?, Francois Finck

9. The Conundrum of Regional Associations for Global Constitutionalism and International Law, Dabiru Sridhar Patnaik

10. Access to Environmental Justice for NGOs: Interplay Between the Aarhus Convention, the EU Lisbon Treaty and the European Convention on Human Rights, Marjolein Schaap

Part 4: Practices of Constitutionalisation and Fragmentation

10. Constitutionalisation through Fragmented Adjudication, Monika Ambrus

11. Custom as a Matrix and Custom as a Norm: The Role of the Interpreter in Custom-Law Making and its Fragmentation, Vassilis Tzevelekos and Lucas Lixinski

12. Introducing the 'Reconciliatory Approach' -An Interpretative Response to Harmonize International Environmental Law with other Specialised Areas of International Law, Britta Sjostedt

13. Facets and Dilemmas of a Constitutionalised Legal Order - Exploring the Role of the World Heritage Convention (1972), Andrzej Jakubowski

14. From Fragmentation to Coherence: a Constitutional Construction of the Legal Relationship between the WTO and the WHO, Chien-Huei WU

15. International Constitutionalisation of Protection of Privacy in the Internet - the Google case example, Krystyna Kowalik Banczyk

16. The Climate and Clean Air Coalition (CCAC): Increasing Integration in the International Legal Order by Boosting Actions for the Mitigation of SLCPs, Birgit Lode