A Farewell to Fragmentation

A Farewell to Fragmentation

Author: Mads Tønnesson Andenæs

Publisher: Cambridge University Press

Published: 2015-10-09

Total Pages: 605

ISBN-13: 1107082099

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Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.


The Cambridge Companion to International Law

The Cambridge Companion to International Law

Author: James Crawford

Publisher: Cambridge University Press

Published: 2012-01-26

Total Pages: 485

ISBN-13: 0521190886

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A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.


Conflict of Norms in Public International Law

Conflict of Norms in Public International Law

Author: Joost Pauwelyn

Publisher: Cambridge University Press

Published: 2003-07-31

Total Pages: 557

ISBN-13: 1139436902

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One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.


The Making of International Law

The Making of International Law

Author: Alan E. Boyle

Publisher: Oxford University Press, USA

Published: 2007

Total Pages: 372

ISBN-13:

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1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.


The Right to Food and the World Trade Organization's Rules on Agriculture

The Right to Food and the World Trade Organization's Rules on Agriculture

Author: Rhonda Ferguson

Publisher: BRILL

Published: 2018-01-03

Total Pages: 305

ISBN-13: 9004345302

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In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.


Regime Interaction in International Law

Regime Interaction in International Law

Author: Margaret A. Young

Publisher: Cambridge University Press

Published: 2012-01-12

Total Pages:

ISBN-13: 1139504932

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This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.


What Makes Law

What Makes Law

Author: Liam Murphy

Publisher: Cambridge University Press

Published: 2014-06-16

Total Pages: 221

ISBN-13: 0521834279

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This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.


Fragmentation in International Human Rights Law

Fragmentation in International Human Rights Law

Author: Marjan Ajevski

Publisher: Routledge

Published: 2017-07-14

Total Pages: 167

ISBN-13: 1317442938

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This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.