Regime Interaction in International Law: Facing Fragmentation

ISBN-13: 9781107010482 / Angielski / Twarda / 2012 / 348 str.

Margaret A Young

Opis

This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.

Recenzje

'The volume succeeds so well because it leaves the reader with no doubt of the importance and continuing relevance of its subject … This framework may prove to be a useful analytical tool for thinking about the different ways in which regimes interact.' Neil Craik, Ocean Yearbook 36

Spis treści

Introduction: the productive friction between regimes Margaret Young; Part I. Contexts: 1. Two kinds of legal pluralism: collision of transnational regimes in the double fragmentation of world society Gunther Teubner and Peter Korth; 2. International regimes and domestic arrangements: a view from inside out Cheryl Saunders; 3. Regime interaction in creating, implementing and enforcing international law Margaret Young; Part II. Communities: 4. Legal regimes and professional knowledges: the internal politics of regime definition Andrew Lang; 5. A new approach to regime interaction Jeffrey Dunoff; 6. Structural ambiguity: technology transfer in three regimes Stephen Humphreys; Part III. Control: 7. Norm interpretation across international regimes: competences and legitimacy Nele Matz-Lück; 8. Relations between international courts and tribunals: the 'regime problem' James Crawford and Penelope Nevill; 9. Importing other international regimes into World Trade Organisation litigation James Flett; 10. Hegemonic regimes Martti Koskenniemi.