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

Conclusion Edit

Summary I
Summary II