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A Farewell to Fragmentation
Reassertion and Convergence in International Law

£94.99

Part of Studies on International Courts and Tribunals

Mads Andenas, Eirik Bjorge, Christopher Greenwood, Antônio Augusto Cançado Trindade, Nigel Rodley, Vera Gowlland-Debbas, Philippa Webb, Dean Spielmann, Magdalena Forowicz, Cameron Miles, Lawrence Hill-Cawthorne, Emanuel Castellarin, Veronika Fikfak, Lorenzo Gradoni, Alexander Orakhelashvili, Jean-Louis Halpérin, Robert Kolb, Paolo Palchetti
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  • Date Published: October 2015
  • availability: Available
  • format: Hardback
  • isbn: 9781107082090

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About the Authors
  • 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.

    • Proposes both a new take and the last word on the fragmentation debate in international law
    • Features chapters by leading international lawyers from a range of backgrounds
    • Explores the role of the International Court of Justice in the fragmentation process
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    Reviews & endorsements

    'The book provides what is clearly missing in the fragmentation debate, that is, empirical evidence from the practice of courts and tribunals demonstrating the processes through which fragmentation and convergence occur. [The Book] also succeeds in doing something that few multi-contributor volumes in law are able to achieve, that is, to construct a clear argument that runs throughout the entire book. The editors advanced a hypothesis and structured the chapters in such a way so as to allow for this argument to be developed through the course of the volume. Each chapter can be read as a standalone contribution, yet the book should be read as a monograph in order to view the development of the argument.' Jed Odermatt, International Journal of Constitutional Law

    'The potential audience of A Farewell to Fragmentation should include anyone, including academics, students, and practitioners, who is interested in the debate(s) over fragmentation in international law. Since its overall argument is that fragmentation is now outweighed by its opposite, it may also interest those who are tired of hearing about fragmentation.' Sondre Torp Helmersen, Leiden Journal of International Law

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    Product details

    • Date Published: October 2015
    • format: Hardback
    • isbn: 9781107082090
    • length: 604 pages
    • dimensions: 228 x 152 x 33 mm
    • weight: 0.97kg
    • availability: Available
  • Table of Contents

    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 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 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 Halpérin
    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.

  • Editors

    Mads Andenas, Universitetet i Oslo
    Mads Andenas is a Professor in the Faculty of Law at the University of Oslo and the UN Special Rapporteur on Arbitrary Detention and the Chair of the UN Working Group on Arbitrary Detention, which reports to the UN Human Rights Council and the UN General Assembly. He has held senior academic appointments in the United Kingdom, including as Director of the British Institute of International and Comparative Law, London and Director of the Centre of European Law at King's College London.

    Eirik Bjorge, University of Oxford
    Eirik Bjorge is Shaw Foundation Junior Research Fellow at Jesus College, University of Oxford. Eirik has taught at Oxford and Sciences Po, Paris. He is the author of The Evolutionary Interpretation of Treaties (2014) and a co-editor, with Cameron Miles, of Landmark Cases in Public International Law (forthcoming, 2016).

    Contributors

    Mads Andenas, Eirik Bjorge, Christopher Greenwood, Antônio Augusto Cançado Trindade, Nigel Rodley, Vera Gowlland-Debbas, Philippa Webb, Dean Spielmann, Magdalena Forowicz, Cameron Miles, Lawrence Hill-Cawthorne, Emanuel Castellarin, Veronika Fikfak, Lorenzo Gradoni, Alexander Orakhelashvili, Jean-Louis Halpérin, Robert Kolb, Paolo Palchetti

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