Jump to ContentJump to Main Navigation
The Judicialization of International LawA Mixed Blessing?$
Users without a subscription are not able to see the full content.

Andreas Follesdal and Geir Ulfstein

Print publication date: 2018

Print ISBN-13: 9780198816423

Published to Oxford Scholarship Online: May 2018

DOI: 10.1093/oso/9780198816423.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 May 2020

Should We (Still) Worry about Fragmentation?

Should We (Still) Worry about Fragmentation?

(p.228) 11 Should We (Still) Worry about Fragmentation?
The Judicialization of International Law

Alain Pellet

Oxford University Press

Alain Pellet argues that we should not worry about fragmentation, given the multiplicity of international courts. To the contrary, he defends the dialogue among the many courts as contributing to the responsible development of international law. He responds to several criticisms concerning possible interpretative fragmentation; competing jurisdiction and forum shopping; as well as regional courts as a potential challenge to the global rule of law, holding that whilst fragmentation might be a problem in theory, it hardly ever occurs in practice. Pellet concludes that the several international courts are not a threat, but an enrichment of international jurisprudence.

Keywords:   fragmentation, development, jurisdiction, forum shopping, regional courts, global rule of law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .