Beyond Fragmentation Cross-Fertilization, Cooperation, and Competition among International Courts and Tribunals
Editors
Chiara Giorgetti, Mark Pollack
Files
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Description
This introduction reviews scholarship on international legal fragmentation, lays out a framework for understanding international judicial cross-fertilization, and previews the contributions and their findings. Existing scholarship on international legal fragmentation, we argue, has moved through three phases over the past several decades. In the first, legal scholars and practitioners reacted with alarm to the judicial proliferation of the post–Cold War years, which they feared would create overlapping jurisdiction and conflicting interpretations of law. Following this period, the new century saw the pendulum swing toward a second, more optimistic picture in which international courts addressed fragmentation through “management” techniques, producing unity in international law. We can detect the opening salvos of a third wave, as skeptics have questioned the management account, pointing to the mixed motives of international judges and the limits of cross-fertilization. In this volume, we build on the existing literature by theorizing the actors of cross-fertilization and their motives, and by distinguishing between procedural and substantive cross-fertilization.
DOI
https://doi.org/10.1017/9781009118002.003
Publication Date
4-28-2022
Book Title
Beyond Fragmentation Cross-Fertilization, Cooperation, and Competition among International Courts and Tribunals
First Page
1
Last Page
38
Publisher
Cambridge University Press
Keywords
International Law, International Courts and Tribunals, International Legal Fragmentation, International Legal Pluralism, Judicial Cross-Fertilization, Judicial Cooperation, Judicial Dialogue, Civil Procedure
Disciplines
Comparative and Foreign Law | Human Rights Law | International Humanitarian Law | International Law | International Trade Law | Law
Recommended Citation
Giorgetti, Chiara and Pollack, Mark, "Beyond Fragmentation Cross-Fertilization, Cooperation, and Competition among International Courts and Tribunals" (2022). Contributions to Books. 339.
https://digitalcommons.wcl.american.edu/facsch_bk_contributions/339