Interaction within International Law
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Author: Adamantia Rachovitsa
Required knowledge: Link
Learning objectives: Understanding XY.
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A. Introduction
I. The Expanding Scope of International Law and the Multiplication of (semi-)Judicial Bodies
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
III. Adjudicative Constraints: Jurisdiction and Applicable Law Before International Courts
B. Interactions between Rules of International Law
I. Interaction between General Law and Special Law
II. Interaction between Successive Rules
III. Hierarchy of Rules
IV. Interaction by Way of Interpretation
C. Interactions between International Courts
I. Rules on Overlapping or Concurrent Jurisdiction of Different Courts Over the Same Dispute
II. Similar Legal Questions Decided by Different Courts
III. Litigation Strategies: Choice in Forum and "Slicing" a Dispute
IV. The Possibility of Contradictory Judgments or Conflicting Interpretations
V. Judicial Dialogue
D. Productive Friction in International Law
I. How the Specialised Areas and the General Part of International Law Constantly Inform One Another
II. The Contribution of All International Courts to the Construction of International Law
III. Different Interpretations of International Rules as Progressive Development of International Law
E. The Anxiety of (not) Addressing Legal Incoherence
I. Legal Incoherence as an Intrinsic Feature in Regime Building
II. Legal Incoherence and Choice in Forum as Policy Choices
III. The Role of International Courts in Addressing Legal Incoherence
IV. Implications of Legal Incoherence for States
1. Business as Usual
2. State Responsibility
3. Backlash
4. Back to the Drawing Board and Law-making
F. Conclusion
Further Readings
- Source I
- Source II
Conclusion
- Summary I
- Summary II