Article Title
Defragmentation of Public International Law Through Interpretation: A Methodological Proposal
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
Included in
Constitutional Law Commons, International Law Commons, Public Law and Legal Theory Commons