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The Judicialization of International LawA Mixed Blessing?$
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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

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Should We (Still) Worry about Fragmentation?

Should We (Still) Worry about Fragmentation?

Chapter:
(p.228) 11 Should We (Still) Worry about Fragmentation?
Source:
The Judicialization of International Law
Author(s):

Alain Pellet

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198816423.003.0012

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

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