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

ConclusionEdit

Summary I
Summary II