Globalization and Fragmentation


Book Description

Globalization and Fragmentation offers a succinct, original critique of the century's international developments. It sets out a challenging analysis of globalization as a process reflecting political relations both between and within states.




Beyond Fragmentation


Book Description

Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a “procedural cross-fertilization pull” and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.




The Global Trade Slowdown


Book Description

This paper focuses on the sluggish growth of world trade relative to income growth in recent years. The analysis uses an empirical strategy based on an error correction model to assess whether the global trade slowdown is structural or cyclical. An estimate of the relationship between trade and income in the past four decades reveals that the long-term trade elasticity rose sharply in the 1990s, but declined significantly in the 2000s even before the global financial crisis. These results suggest that trade is growing slowly not only because of slow growth of Gross Domestic Product (GDP), but also because of a structural change in the trade-GDP relationship in recent years. The available evidence suggests that the explanation may lie in the slowing pace of international vertical specialization rather than increasing protection or the changing composition of trade and GDP.




Regime Interaction in International Law


Book Description

This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.




Fragmentation in International Human Rights Law


Book Description

This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.




Between Fragmentation and Democracy


Book Description

This book explores how global institutions have created democratic deficits, and the role of the courts in mitigating the effects of globalization.




Fragmentation of International Law


Book Description




International Law between Universalism and Fragmentation


Book Description

This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.




The Fragmentation of Afghanistan


Book Description

This monumental book examines Afghan society in conflict, from the 1978 communist coup to the fall of Najibullah, the last Soviet-installed president, in 1992. This edition, newly revised by the author, reflects developments since then and includes material on the Taliban and Osama bin Laden. It is a book that now seems remarkably prescient. Drawing on two decades of research, Barnett R. Rubin, a leading expert on Afghanistan, provides a fascinating account of the nature of the old regime, the rise and fall of the People’s Democratic Party of Afghanistan, and the troubled Mujahidin resistance. He relates all these phenomena to international actors, showing how the interaction of U.S. policy and Pakistani and Saudi Arabian interests has helped to create the challenges of today. Rubin puts into context the continuing turmoil in Afghanistan and offers readers a coherent historical explanation for the country’s social and political fragmentation. Praise for the earlier edition: "This study is theoretically informed, empirically grounded, and gracefully written. Anyone who wants to understand Afghanistan’s troubled history and the reasons for its present distress should read this book.” —Foreign Affairs "This is the book on Afghanistan for the educated public.” —Political Science Quarterly




International Judicial Integration and Fragmentation


Book Description

Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas: genocide, immunities, and the use of force.