From Fragmentation to Constitutionalization

Harlan Grant Cohen

University of Georgia School of Law

December 19, 2011

Pacific McGeorge Global Business & Development Law Journal, Vol. 24, 2011
UGA Legal Studies Research Paper No. 11-14

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.

Number of Pages in PDF File: 19

Keywords: international law, fragmentation, constitutionalization, human rights

JEL Classification: K33

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Date posted: December 20, 2011  

Suggested Citation

Cohen, Harlan Grant, From Fragmentation to Constitutionalization (December 19, 2011). Pacific McGeorge Global Business & Development Law Journal, Vol. 24, 2011; UGA Legal Studies Research Paper No. 11-14. Available at SSRN: http://ssrn.com/abstract=1974550

Contact Information

Harlan Grant Cohen (Contact Author)
University of Georgia School of Law ( email )
Hirsch Hall
Athens, GA 30602
United States
706-542-5166 (Phone)

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