Indiana Journal of Global Legal Studies

Article Title

Defragmentation of Public International Law Through Interpretation: A Methodological Proposal

Authors

Anne van Aaken, University of St. Gallen

Document Type

Symposium

Publication Date

Summer 2009

Publication Citation

16 Indiana Journal of Global Legal Studies 483 (2009)

Abstract

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

Recommended Citation

van Aaken, Anne (2009) "Defragmentation of Public International Law Through Interpretation: A Methodological Proposal," Indiana Journal of Global Legal Studies: Vol. 16: Iss. 2, Article 5.
Available at: https://www.repository.law.indiana.edu/ijgls/vol16/iss2/5