Fragmentation

Fundamental Concepts for International Law: The Construction of a Discipline (Jean d’Aspremont & Sahib Singh, eds.) (Forthcoming)

UGA Legal Studies Research Paper No. 2016-22

Dean Rusk International Center Research Paper No. 2016-12

16 Pages Posted: 28 May 2016

See all articles by Harlan Grant Cohen

Harlan Grant Cohen

University of Georgia School of Law; University of Georgia - Dean Rusk International Law Center

Date Written: May 27, 2016

Abstract

A danger, an opportunity, passé, a cliché, destabilizing, empowering, destructive, creative: Depending on whom you ask, fragmentation has meant any and all of these for international law. The concept of fragmentation has been a mirror reflecting international lawyers’ perception of themselves, their field, and its prospects for the future.

This chapter chronicles fragmentation’s meanings over the past few decades. In particular, it focuses on the spreading fears of fragmentation around the millennium, how the fears were eventually repurposed, where, speculatively, those fear may have gone, and how and to what extent faith in international law was restored.

Keywords: international law, International Court of Justice, Prosecutor v. Dusko Tadic, international tribunals, international courts, jurisdictional or interpretative fragmentation, regulatory fragmentation, normative fragmentation, World Trade Organization

JEL Classification: K33

Suggested Citation

Cohen, Harlan Grant, Fragmentation (May 27, 2016). Fundamental Concepts for International Law: The Construction of a Discipline (Jean d’Aspremont & Sahib Singh, eds.) (Forthcoming) ; UGA Legal Studies Research Paper No. 2016-22; Dean Rusk International Center Research Paper No. 2016-12. Available at SSRN: https://ssrn.com/abstract=2785719

Harlan Grant Cohen (Contact Author)

University of Georgia School of Law ( email )

Hirsch Hall
Athens, GA 30602
United States
706-542-5166 (Phone)

University of Georgia - Dean Rusk International Law Center ( email )

100 Herty Drive
Athens, GA 30602-6018
United States

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