Interaction within International Law
Author: Adamantia Rachovitsa
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A. IntroductionEdit
I. The Expanding Scope of International Law and the Multiplication of (semi-)Judicial BodiesEdit
II. The Relevance and Applicability of Different Rules and Areas of International Law to a DisputeEdit
III. Adjudicative Constraints: Jurisdiction and Applicable Law Before International CourtsEdit
B. Interactions between Rules of International LawEdit
I. Interaction between General Law and Special LawEdit
II. Interaction between Successive RulesEdit
III. Hierarchy of RulesEdit
IV. Interaction by Way of InterpretationEdit
C. Interactions between International CourtsEdit
I. Rules on Overlapping or Concurrent Jurisdiction of Different Courts Over the Same DisputeEdit
II. Similar Legal Questions Decided by Different CourtsEdit
III. Litigation Strategies: Choice in Forum and "Slicing" a DisputeEdit
IV. The Possibility of Contradictory Judgments or Conflicting InterpretationsEdit
V. Judicial DialogueEdit
D. Productive Friction in International LawEdit
I. How the Specialised Areas and the General Part of International Law Constantly Inform One AnotherEdit
II. The Contribution of All International Courts to the Construction of International LawEdit
III. Different Interpretations of International Rules as Progressive Development of International LawEdit
E. The Anxiety of (not) Addressing Legal IncoherenceEdit
I. Legal Incoherence as an Intrinsic Feature in Regime BuildingEdit
II. Legal Incoherence and Choice in Forum as Policy ChoicesEdit
III. The Role of International Courts in Addressing Legal IncoherenceEdit
IV. Implications of Legal Incoherence for StatesEdit
1. Business as UsualEdit
2. State ResponsibilityEdit
3. BacklashEdit
4. Back to the Drawing Board and Law-makingEdit
F. ConclusionEdit
Further ReadingsEdit
- Source I
- Source II
ConclusionEdit
- Summary I
- Summary II