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7 - Fragmentation – A Special Feature of International Law?

Published online by Cambridge University Press:  15 April 2019

Miodrag A. Jovanović
Affiliation:
University of Belgrade
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Summary

The closing chapter discusses “fragmentation” as a possible distinctive feature of the international law. It, first, discharges Hart’s well-known argument that, due to its institutional deficiencies and the lack of a unifying “rule of recognition”, international legal rules “resemble that simple form of social structure” which can be “contrast[ed] with a developed legal system.” In the next step, it is shown that what at first seemed as the International Law Commission’s incredibly negative portrayal of the international law in terms of its “fragmentation”, turned eventually into a more positive picture of a legal order which has at its disposal a wealth of interpretative devices for the solution of normative conflicts between mushrooming specialized international legal regimes. However, since these techniques are not self-applicable, it is of crucial importance that the adjudicative bodies of different specialized regimes use them in such a way ‘as if’ the international law is a coherent and unified system of rules. it is argued that there is a plenty of indicators that various international adjudicative bodies adopt the adequate ‘as if’ lens and depict themselves as officials of a unified international legal order.
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Publisher: Cambridge University Press
Print publication year: 2019

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