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Defragmentation of International Law through Constitutional Interpretation: A Methodological Proposal

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abstract Fragmentation of public international law (PIL) is perceived as a growing problem and answers to it are proliferating. International courts and tribunals are adjudicating ever more on issues that would be considered-were they not transnational or international in nature-constitutional problems. In national law, countervailing values, or intra-constitutional conflicts, are reconciled through a balancing of those values that is usually embedded in the application of the proportionality principle. A similar mechanism in PIL remains underdeveloped from a methodological point of view. This article aims to develop a methodological proposal for defragmentation through interpretation, drawing on legal theory, to be more precise on a theory of balancing.

Available at: http://www.repository.law.indiana.edu/ijgls/vol16/iss2/5
   
type journal paper
   
keywords
   
language English
kind of paper journal article
date of appearance 1-1-2009
journal Indiana Journal of Global Legal Studies
publisher Indiana University School of Law (Bloomington, Ind.)
ISSN 1080-0727
volume of journal 16
number of issue 2
page(s) 483-512
review not reviewed
   
citation van Aaken, A. (2009). Defragmentation of International Law through Constitutional Interpretation: A Methodological Proposal. Indiana Journal of Global Legal Studies, 16(2), 483-512.