Interaction within International Law

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Author: Adamantia Rachovitsa

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Learning objectives: Understanding XY.

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A. Introduction[edit | edit source]

I. The Expanding Scope of International Law and the Multiplication of (semi-)Judicial Bodies[edit | edit source]

Scope of the international law of judicial bodies and the multiplication the Scope of Expanding Multiplication and International law of Judicial bodies

II. The Relevance and Applicability of Different Rules and Areas of International Law to a Dispute[edit | edit source]

III. Adjudicative Constraints: Jurisdiction and Applicable Law Before International Courts[edit | edit source]

B. Interactions between Rules of International Law[edit | edit source]

I. Interaction between General Law and Special Law[edit | edit source]

II. Interaction between Successive Rules[edit | edit source]

III. Hierarchy of Rules[edit | edit source]

IV. Interaction by Way of Interpretation[edit | edit source]

C. Interactions between International Courts[edit | edit source]

I. Rules on Overlapping or Concurrent Jurisdiction of Different Courts Over the Same Dispute[edit | edit source]

II. Similar Legal Questions Decided by Different Courts[edit | edit source]

III. Litigation Strategies: Choice in Forum and "Slicing" a Dispute[edit | edit source]

IV. The Possibility of Contradictory Judgments or Conflicting Interpretations[edit | edit source]

V. Judicial Dialogue[edit | edit source]

D. Productive Friction in International Law[edit | edit source]

I. How the Specialised Areas and the General Part of International Law Constantly Inform One Another[edit | edit source]

II. The Contribution of All International Courts to the Construction of International Law[edit | edit source]

III. Different Interpretations of International Rules as Progressive Development of International Law[edit | edit source]

E. The Anxiety of (not) Addressing Legal Incoherence[edit | edit source]

I. Legal Incoherence as an Intrinsic Feature in Regime Building[edit | edit source]

II. Legal Incoherence and Choice in Forum as Policy Choices[edit | edit source]

III. The Role of International Courts in Addressing Legal Incoherence[edit | edit source]

IV. Implications of Legal Incoherence for States[edit | edit source]

1. Business as Usual[edit | edit source]

2. State Responsibility[edit | edit source]

3. Backlash[edit | edit source]

4. Back to the Drawing Board and Law-making[edit | edit source]

F. Conclusion[edit | edit source]

Further Readings[edit | edit source]

  • Source I
  • Source II

Conclusion[edit | edit source]

  • Summary I
  • Summary II

Table of Contents[edit source]

Back to home page

Part I - History, Theory, and Methods

Part II - General International Law

Part III - Specialized Fields

Footnotes[edit source]

  1. The first footnote. Please adhere to OSCOLA when formating citations. Whenever possible, provide a link with the citation, ideally to an open-access source.