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