12 novembre 2015

OUVRAGE : M. Andenas, E. Bjorge (eds.), A Farewell to Fragmentation: Reassertion and Convergence in International Law

David ROY

Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.


1. Mads Andenas and Eirik Bjorge, From fragmentation to convergence 

Part I. Reassertion and Convergence: 'Proliferation' of Courts and the Centre of International Law

Section 1. At the Centre: The International Court
2. Christopher Greenwood, Unity and diversity in international law
3. Antônio Augusto Cançado Trindade, A century of international justice and prospects for the future
4. Nigel Rodley, The International Court of Justice and human rights treaty bodies
5. Vera Gowlland-Debbas, The ICJ and the challenges of human rights law
6. Philippa Webb, Factors influencing fragmentation and convergence in international courts 
Section 2. 'Regimes' of International Law
7. Dean Spielmann, Fragmentation or partnership? The reception of ICJ case-law by the European Court of Human Rights
8. Magdalena Forowicz, Factors influencing the reception of international law in the case law of the European Court of Human Rights
9. Cameron Miles, The influence of the ICJ on the modern doctrine of provisional measures before international courts and tribunals: a 'uniform' approach
10. Lawrence Hill-Cawthorne, Just another case of treaty interpretation? Reconciling humanitarian and human rights law in the ICJ
11. Emanuel Castellarin, The European Union's participation in international economic institutions: a mutually beneficial reassertion of the centre
12. Veronika Fikfak, Reinforcing the ICJ's central international role – domestic courts' treatment of ICJ decisions and opinions 
Part II. A Farewell to Fragmentation and the Sources of International Law

Section 1. Custom Jus Cogens
13. Lorenzo Gradoni, The International Court of Justice and the international customary law game of cards
14. Alexander Orakhelashvili, State practice, treaty practice and state immunity
15. Jean-Louis Halpérin, Historical sketches of custom in international law 
Section 2. Treaty Interpretation
16. Robert Kolb, Is there a subject-matter ontology in interpretation of international legal norms?
17. Paolo Palchetti, Halfway between fragmentation and convergence: the role of the rules of the organization in the interpretation of constituent treaties
18. Eirik Bjorge, The convergence of the methods of treaty interpretation
19. Mads Andenas, The centre reasserting itself 

Mads ANDENAS, Eirik BJORGE (eds.), A Farewell to Fragmentation: Reassertion and Convergence in International Law, Cambridge, Cambridge University Press, 2015 (604 pp.)

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