Systemic Integration, Legal Theory and the ILC

Finnish Yearbook of International Law 2008, Vol. 19, pp. 157-182, 2010

18 Pages Posted: 12 Jan 2010 Last revised: 23 Nov 2010

See all articles by Jörg Kammerhofer

Jörg Kammerhofer

University of Freiburg - Faculty of Law

Date Written: November 29, 2009

Abstract

The International Law Commission (ILC) spent four years considering the problems associated with the fragmentation of international law. Unfortunately, the ILC chose to remain on the pragmatic level. This paper provides examples where the Final Report would have had to delve into theory and where it would have had to question common assumptions, but where it did not go far enough. It will also try to flesh out some of the consequences of merely accepting existing doctrines. The example used here is the so-called principle of systemic or systematic integration, which raises a plethora of theoretical problems and touches upon the very basis of the constitution of international law. The present article is an attempt to analyse the methodology of the Study Group in the structure of its argument without relying on orthodox deference to commonly accepted doctrines. This is a positivist-normativist’s deconstruction as well as a reconstruction of the merits of this claim. The aim is to reconstruct the foundation, the operation and the consequences that can follow from systemic integration on the basis of a strict adherence to positive law.

Keywords: International Law Commission, systemic integration, Vienna Convention on the Law of Treaties, International Legal Theory, Fragmentation

Suggested Citation

Kammerhofer, Jörg, Systemic Integration, Legal Theory and the ILC (November 29, 2009). Finnish Yearbook of International Law 2008, Vol. 19, pp. 157-182, 2010. Available at SSRN: https://ssrn.com/abstract=1534086

Jörg Kammerhofer (Contact Author)

University of Freiburg - Faculty of Law ( email )

D-79098 Freiburg
Germany

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