The Challenge of ‘Proliferation’: An Anatomy of the Debate

In C. Romano, K. Alter and Y. Shany (eds.), The Oxford Handbook of International Adjudication, Chapter 2 (Oxford University Press) (2013) (Forthcoming)

22 Pages Posted: 7 Aug 2012

See all articles by Jorge E. Vinuales

Jorge E. Vinuales

University of Cambridge

Pierre-Marie Dupuy

European University Institute - Department of Law; University of Paris

Date Written: 2012

Abstract

This chapter provides an anatomy of the ‘proliferation’ debate. The impact of ‘proliferation’ on the international legal order is analyzed through the prism of three core questions: (I) legalization; (II) coherence; and (III) openness. The question of ‘legalization’ refers to the increasing availability and reach of international adjudication to address questions hitherto covered by considerations of sovereignty, non-intervention and political opportunity. In this context, the term ‘legalization’ is therefore a shortcut for the advancement of the judicial rule of law in international affairs. The question of ‘coherence’ encompasses issues such as forum competition and forum shopping, conflicting decisions, the role of precedent, the development/use of coordination techniques and/or of control systems. The question of ‘openness’ looks at the integration of values and interests protected by certain branches of international law into other branches. Openness is also important because the very existence and availability of international adjudication may shift the level at which certain decisions are made and, therefore, raise issues of transparency and participation in international proceedings. In conclusion, we offer some observations on a question where the three debates above intersect, namely the legitimacy of international adjudication (IV).

Keywords: proliferation, international adjudication, international rule of law, fragmentation, coherence, legalization, judicial legitimacy, transparency, participation

Suggested Citation

Vinuales, Jorge E. and Dupuy, Pierre-Marie, The Challenge of ‘Proliferation’: An Anatomy of the Debate (2012). In C. Romano, K. Alter and Y. Shany (eds.), The Oxford Handbook of International Adjudication, Chapter 2 (Oxford University Press) (2013) (Forthcoming), Available at SSRN: https://ssrn.com/abstract=2125201 or http://dx.doi.org/10.2139/ssrn.2125201

Jorge E. Vinuales (Contact Author)

University of Cambridge ( email )

19 Silver Street
Cambridge
United Kingdom

Pierre-Marie Dupuy

European University Institute - Department of Law ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

University of Paris

31, avenue Bosquet
Paris, 75270
France

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
154
Abstract Views
797
rank
212,875
PlumX Metrics