Beyond Fragmentation: Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals

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· Cambridge University Press
Ebook
295
Pages
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About this ebook

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.

About the author

Chiara Giorgetti is Professor of Law at Richmond Law School. Prior to joining academia fulltime, she was a clerk at the International Court of Justice and acted as counsel in numerous international arbitrations in law firms in Geneva and Washington DC. In her practice, she has represented States and private actors. She also served with the United Nations in New York and Nairobi, Kenya.

Mark Pollack is Professor of Political Science and Law and Jean Monnet Chair at Temple University, in Philadelphia, having previously taught at the University of Wisconsin-Madison and the European University Institute. He has published widely on the politics of international law and international institutions, international courts, and the European Union.

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