Fragmentation of International Law? Postmodern Anxieties

@article{Koskenniemi2002FragmentationOI,
  title={Fragmentation of International Law? Postmodern Anxieties},
  author={Martti Antero Koskenniemi and P{\"a}ivi Leino},
  journal={Leiden Journal of International Law},
  year={2002},
  volume={15},
  pages={553 - 579}
}
Successive ICJ Presidents have expressed concern about the proliferation of international tribunals and substantive fragmentation of international law. This is not a new phenomenon. International law has always lacked a clear normative and institutional hierarchy. The problem is more how new institutions have used international law to further new interests, especially those not predominant in traditional law. The anxiety among ICJ judges should be seen less as a concern for abstract “coherence… Expand
The Rhetoric of Fragmentation: Fear and Faith in International Law
  • A. Martineau
  • Sociology
  • Leiden Journal of International Law
  • 2009
Abstract Over the last decade international lawyers have been increasingly concerned with the ‘fragmentation’ of international law. However, given that this expression has been repeatedly used by theExpand
The Growth of Specialized International Tribunals and the Fears of Fragmentation of International Law
Several Presidents of the International Court of Justice have in the recent past expressed concern about the dangers of the proliferation of international courts and tribunals. They have particularlyExpand
International law and hegemony: a reconfiguration
Instead of appearing as a stable set of normative demands opposed to international politics, international law is better understood as an aspect of hegemonic contestation, a technique of articulatingExpand
Splendid Isolation: International Humanitarian Law, Legal Theory and the International Legal Order
International humanitarian law (IHL) is one of the oldest and most distinctive sectors of the international legal order. IHL’s historical development has been unique; from one of the original focalExpand
Transnational Legal Pluralism
Abstract This paper draws out the analogies and connections between long-standing legal sociological insights into pluralistic legal orders and present concerns regarding the fragmentation of lawExpand
Fragmentation within international human rights law
With the emergence of more specialized regimes for the protection of human rights and the proliferation of treaty bodies, mandated to supervise compliance with these instruments, fragmentation hasExpand
Undoing sovereignty/identity, queering the ‘international’: the politics of law
Recently the Yogyakarta Principles have celebrated their tenth anniversary; there has been widening acceptance across international organisations and increasingly corresponding state practices, andExpand
THE ROLE OF THE INTERNATIONAL COURT OF JUSTICE IN A CONTEXT OF FRAGMENTATION
  • A. Lang
  • Political Science
  • International and Comparative Law Quarterly
  • 2013
Abstract Over a decade ago, an important debate began concerning the proper role of the International Court of Justice (ICJ) in an international legal universe characterized by a large and rapidlyExpand
The Uncoordinated Proliferation of International Courts and Tribunals in the Context of Complexity Theory
In today’s world order, the frequency of international interactions has reached a level that was once unthinkable. As a natural consequence, international law is one of the main areas affected.Expand
The Fate of Public International Law: Between Technique and Politics
Public international law hovers between cosmopolitan ethos and technical specialization. Recently, it has differentiated into functional regimes such as 'trade law', 'human rights law',Expand
...
1
2
3
4
5
...

References

SHOWING 1-10 OF 31 REFERENCES
International Integration and Democracy: No Love at First Sight
  • E. Stein
  • Sociology
  • American Journal of International Law
  • 2001
In this essay I suggest a correlation between the integration level of an international institution and the public discourse about the lack of democracy and legitimacy in the institution’s structureExpand
The Finnish yearbook of international law
Articles. Charter of Fundamental Rights of the European Union P. Nikula Charter of Fundamental Rights: Competition or Consistency of Human Rights Protection in Europe? D. Thym All Dressed up andExpand
Remedies in the WTO legal system: between a rock and a hard place
There is a considerable discrepancy in legal and economics scholarship as to the effectiveness of the new WTO dispute settlement system. The former usually suffers from selection bias that is notExpand
Dispute Settlement in International Economic Law - Lessons for Strengthening International Dispute Settlement in Non-Economic Areas
This article begins with a discussion of negotiation theories and the need for a comprehensive theory of effective international adjudication and then examines why compulsory internationalExpand
The death of the trade regime
In recent years, 'trade and' issues - such as trade and labour and trade and environment - have moved from the periphery to the centre for the trade agenda. But meaningful multilateral agreement inExpand
International Courts and American Courts, 21 Mich
  • 2000
...
1
2
3
4
...