Interaction within International Law

Author: Adamantia Rachovitsa

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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

Conclusion

Summary I
Summary II