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Regulating Jurisdictional Relations Between National and International Courts$
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Yuval Shany

Print publication date: 2007

Print ISBN-13: 9780199211791

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199211791.001.0001

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The Fragmentation of International Law

The Fragmentation of International Law

(p.107) 3 The Fragmentation of International Law
Regulating Jurisdictional Relations Between National and International Courts

Yuval Shany (Contributor Webpage)

Oxford University Press

This chapter identifies and discusses two principle strategies employed by judges in national and international courts: disintegrationism and integrationism. Disintegrationism involves the division of one complex dispute into a multiplicity of mini-disputes arising under different specific legal regimes and the application of the distinct norms of one specific legal regime to one aspect of the dispute, excluding other relevant norms or circumstances; integrationism encourages judges to adopt a comprehensive approach towards different, yet closely related, disputes and to apply all relevant norms to all related circumstances. The chapter then draws an analogy between the debate over the fragmentation of international law into distinct self-contained regimes and the choice between disintegrationism and integrationism, and describes dualism (and to a lesser degree hierarchy) as a disintegrationist strategy.

Keywords:   integration, disintegration, dualism, fragmentation of international law, hierarchy, policy considerations

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