A Farewell to Fragmentation: Reassertion and Convergence in International Law

Author: Mads Andenas; Eirik Bjorge
Publisher: Cambridge University Press
ISBN: 9781107082090

Published In: October 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781107442436

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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.

1. From fragmentation to convergence Mads Andenas and Eirik Bjorge

Part I. Reassertion and Convergence: 'Proliferation' of Courts and the Centre of International Law

Section 1. 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 Antonio Augusto Cancado 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 2. '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 European Court of Human Rights Magdalena Forowicz

9. The influence of the ICJ on the modern doctrine of provisional measures before international courts and tribunals: a 'uniform' approach Cameron Miles

10. Just another case of treaty interpretation? Reconciling humanitarian and human rights law in the ICJ Lawrence Hill-Cawthorne

11. The European Union's participation in international economic institutions: a mutually beneficial reassertion of the centre Emanuel Castellarin

12. Reinforcing the ICJ's central international role - domestic courts' treatment of ICJ decisions and opinions Veronika Fikfak

Part II. A Farewell to Fragmentation and the Sources of International Law

Section 1. Custom Jus Cogens:

13. The International Court of Justice and the international customary law game of cards Lorenzo Gradoni

14. State practice, treaty practice and state immunity Alexander Orakhelashvili

15. Historical sketches of custom in international law Jean-Louis Halperin

Section 2. Treaty Interpretation:

16. Is there a subject-matter ontology in interpretation of international legal norms? Robert Kolb

17. Halfway between fragmentation and convergence: the role of the rules of the organization in the interpretation of constituent treaties Paolo Palchetti

18. The convergence of the methods of treaty interpretation Eirik Bjorge

19. The centre reasserting itself Mads Andenas.