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The Refinement of International Law: From Fragmentation to Regime Interaction and Politicization

29 Pages Posted: 17 Aug 2016  

Anne Peters

Max Planck Institute for Comparative Public Law and International Law

Date Written: August 15, 2016

Abstract

The new posture of international courts and tribunals is the ‘spirit of systemic harmonisation’, to use the words of the European Court of Human Rights Grand Chamber in Al Dulimi. Fifteen years after then ICJ President’s Gilbert Guillaume’s ‘proliferation’-speech before the UN General Assembly and ten years after publication of the ILC ‘fragmentation’-report, it is time to bury the f-word. Along that line, this paper concentrates on the positive contribution of the new techniques which courts, tribunals and other actors have developed in order to coordinate the various subfields of international law. If these are accompanied by a proper politicization of international law and governance, they are apt to strengthen both the effectiveness and the legitimacy of international law. Ironically, the ongoing ‘harmonisation’ and ‘integration’ within international law could also be conceptualised as a form of procedural constitutionalisation.

Keywords: international law, fragmentation, proliferation, politicization, legitimacy, contestation, regime

Suggested Citation

Peters, Anne, The Refinement of International Law: From Fragmentation to Regime Interaction and Politicization (August 15, 2016). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2016-19. Available at SSRN: https://ssrn.com/abstract=2823512 or http://dx.doi.org/10.2139/ssrn.2823512

Anne Peters (Contact Author)

Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

HOME PAGE: http://www.mpil.de

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