Interaction within International Law

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Author: Adamantia Rachovitsa

Required knowledge: Link

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]

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.