Fragmentation Vs The Constitutionalisation Of International Law
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| Author | : Andrzej Jakubowski |
| Publisher | : Routledge |
| Total Pages | : 319 |
| Release | : 2016-07-01 |
| Genre | : Law |
| ISBN | : 1317312287 |
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. It 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.
| Author | : Rossana Deplano |
| Publisher | : |
| Total Pages | : |
| Release | : 2012 |
| Genre | : |
| ISBN | : |
This dissertation examines the idea of constitutionalisation of international law in light of concerns of fragmentation. It focuses on the dynamic of fragmentation in the international legal system. It shows that arguments about constitutionalism do not represent a remedy to the phenomenon of fragmentation. Consequently, the dissertation advances arguments of integrity of international law. Further, the dissertation examines new developments in constitutionalisation practices that support a normative, teleological approach to constitutionalisation in the international legal system. The dissertation offers insights on both the autonomy of the concept of international constitutionalism and the idea of fragmentation as a universally recognised characteristic of modern international law. It offers recommendations on how to address charges of fragmentation in international law in light of the dominant conception of modern international law.
| Author | : Andrzej Jakubowski |
| Publisher | : Routledge |
| Total Pages | : 340 |
| Release | : 2016-07-01 |
| Genre | : Law |
| ISBN | : 1317312279 |
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. It 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.
| Author | : Jan Klabbers |
| Publisher | : Oxford University Press |
| Total Pages | : 414 |
| Release | : 2009-10 |
| Genre | : Law |
| ISBN | : 0199543429 |
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union.This book asks whether we now see constitutionalization taking place also at the global level.The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas andof their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law-has some explanatory power, permits new insights and allows for new arguments.The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions.
| Author | : Harlan Grant Cohen |
| Publisher | : |
| Total Pages | : 19 |
| Release | : 2015 |
| Genre | : |
| ISBN | : |
This short essay, prepared for a panel on “The Impact of a Wider Dissemination of Human Rights Norms: Fragmentation or Unity?,” explores the connection between two popular, but seemingly contradictory discourses in international law: fragmentation and constitutionalization. After disentangling and categorizing the various types of fragmentation international law may be experiencing, the essay focuses in on one form in particular, the “fragmentation of the legal community.” This most radical version of fragmentation, the essay argues, has spurred a number of responses, many of which suggest the beginnings of a constitutional conflicts regime for international law. The essay ends by suggesting and exploring three types of constitutional conflicts rules already in limited use: (1) constitutional comity rules, (2) constitutional hierarchy rules, and (3) constitutional abstention rules.
| Author | : United Nations. International Law Commission |
| Publisher | : |
| Total Pages | : 306 |
| Release | : 2007 |
| Genre | : Conflict of laws |
| ISBN | : 9789521023378 |
| Author | : Jochen von Bernstorff |
| Publisher | : Cambridge University Press |
| Total Pages | : 343 |
| Release | : 2010-10-28 |
| Genre | : Law |
| ISBN | : 1139488589 |
This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.
| Author | : Dimitri van den Meerssche |
| Publisher | : Oxford University Press |
| Total Pages | : 337 |
| Release | : 2022-10-07 |
| Genre | : International law |
| ISBN | : 0192846493 |
The World Bank's Lawyers provides an original socio-legal account of the evolving institutional life of international law. Informed by oral archives, months of participant observation, interviews, legal memoranda, and documents obtained through freedom-of-information requests, it tells a previously untold story of the World Bank's legal department between 1983 and 2016. This is a story of people and the beliefs they have, the influence they seek, and the tools they employ. It is an account of the practices they cling to and how these practices gain traction, or how they fail to do so, in an international bureaucracy. Inspired by actor-network theory, relational sociologies of association, and performativity theory, this ethnographic exploration multiplies the matters of concern in our study of international law (and lawyering): the human and non-human, material and semantic, visible and evasive actants that tie together the fragile fabric of legality. In tracing these threads, this book signals important changes in the conceptual repertoire and materiality of international legal practice, as liberal ideals were gradually displaced by managerial modes of evaluation. It reveals a world teeming with life--a space where professional postures and prototypes, aesthetic styles, and technical routines are woven together in law's shifting mode of existence. This history of international law as a contingent cultural technique enriches our understanding of the discipline's disenchantment and the displacement of its traditional tropes by unexpected and unruly actors. It thereby inspires new ways of critical thinking about international law's political pathways, promises, and pathologies, as its language is inscribed in ever-evolving rationalities of rule.
| Author | : Fabienne Bretscher |
| Publisher | : Routledge |
| Total Pages | : 273 |
| Release | : 2019-09-19 |
| Genre | : Law |
| ISBN | : 0429559178 |
This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.
| Author | : Jan Wouters |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 368 |
| Release | : 2020-10-30 |
| Genre | : Political Science |
| ISBN | : 183910032X |
This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?
