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8 - The Magic of Systemic Integration

Published online by Cambridge University Press:  07 March 2024

Andrea Bianchi
Affiliation:
Graduate Institute of International and Development Studies, Geneva
Fuad Zarbiyev
Affiliation:
Graduate Institute of International and Development Studies, Geneva
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Summary

Systemic integration has made its way into the parlance and practice of international scholars and adjudicators, particularly as a tool against the fragmentation of international law. The chapter analyses it as a particular instance of what Foucault termed ‘problematization’, that is, ‘how and why certain things (behavior, phenomena, processes) became a problem’. In fact, while the issue of fragmentation is not a recent phenomenon, only in the late 1990s did it receive special attention. Why was it so? The question of what drove most international lawyers to present fragmentation as one of the most pressing issues of the time, and the International Law Commission to issue a report on fragmentation and international law, prepared by Martti Koskenniemi in 2006, is examined. The chapter argues that the wide acceptance of the systemic integration principle could be explained by international lawyers’ continuous quest for unity, uniformity, and coherence.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • The Magic of Systemic Integration
  • Andrea Bianchi, Graduate Institute of International and Development Studies, Geneva, Fuad Zarbiyev, Graduate Institute of International and Development Studies, Geneva
  • Book: Demystifying Treaty Interpretation
  • Online publication: 07 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108769730.009
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  • The Magic of Systemic Integration
  • Andrea Bianchi, Graduate Institute of International and Development Studies, Geneva, Fuad Zarbiyev, Graduate Institute of International and Development Studies, Geneva
  • Book: Demystifying Treaty Interpretation
  • Online publication: 07 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108769730.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Magic of Systemic Integration
  • Andrea Bianchi, Graduate Institute of International and Development Studies, Geneva, Fuad Zarbiyev, Graduate Institute of International and Development Studies, Geneva
  • Book: Demystifying Treaty Interpretation
  • Online publication: 07 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108769730.009
Available formats
×