Beyond Fragmentation

Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals

Chiara Giorgetti, Mark Pollack

• Publisher: Cambridge University Press
• Year: 2022
• Print ISBN:
  9781009100496
• eBook ISBN:
  9781009122214
• Topic: Law
• Subtopic: International Law
• Index: Law

Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a "procedural cross-fertilization pull" and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

Table of contents

• Cover
• Half-title page
• Series page
• Title page
• Copyright page
• Dedication
• Contents
• List of Contributors
• Foreword
• Preface
• 1 Beyond Fragmentation: Cross-Fertilization, Cooperation, and Competition among International Courts and Tribunals
• 2 The Procedural Cross-Fertilization Pull
• 3 Procedural Convergence in International Courts and Tribunals
• 4 New Media Evidence across International Courts and Tribunals
• 5 The Acquis Judiciaire, a Tool for Harmonization in a Decentralized System of Litigation?: A Case Study in the Law of the Sea
• 6 Why Cite External Legal Sources?: Theory and Evidence from the European Court of Human Rights
• 7 Of Gardeners and Bees: Theorizing the Actors of Cross-Fertilization
• 8 A View from the Coal Face: The Authors of Cross-Fertilization from the Perspective of the Permanent Court of Arbitration
• 9 Agents of Cross-Fertilization: Abusive Forum Shopping or Legitimate Forum Choice?
• Index