Jump to ContentJump to Main Navigation
Regulating Jurisdictional Relations Between National and International Courts$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 September 2021

The Fragmentation of International Law

The Fragmentation of International Law

Chapter:
(p.107) 3 The Fragmentation of International Law
Source:
Regulating Jurisdictional Relations Between National and International Courts
Author(s):

Yuval Shany (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199211791.003.0004

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .