16 Indiana Journal of Global Legal Studies 483 (2009)
Fragmentation of public international law (PIL) is perceived as a growing problem and answers to it are proliferating. International courts and tribunals are adjudicating ever more on issues that would be considered-were they not transnational or international in nature-constitutional problems. In national law, countervailing values, or intra-constitutional conflicts, are reconciled through a balancing of those values that is usually embedded in the application of the proportionality principle. A similar mechanism in PIL remains underdeveloped from a methodological point of view. This article aims to develop a methodological proposal for defragmentation through interpretation, drawing on legal theory, to be more precise on a theory of balancing.
Global Constitutionalism – Process and Substance, Symposium. Kandersteg, Switzerland, January 17-20, 2008
van Aaken, Anne
"Defragmentation of Public International Law Through Interpretation: A Methodological Proposal,"
Indiana Journal of Global Legal Studies:
2, Article 5.
Available at: http://www.repository.law.indiana.edu/ijgls/vol16/iss2/5